Majority
p. 638Ella N. Seiniger, as Executrix of Samuel Seiniger, Deceased, and Charles Schimmer, Respondents, v. Theodore Hoffacker and Ella DeVellier, Copartners, Doing Business under the Firm Name and Style of Theodore Hoffacker & Company, Appellants.
"Judgment affirmed, with costs. No opinion. Young, Seudder and Tompkins, JJ., concur; Lazansky, P. J., and Kapper, J., dissent upon the following grounds: (1) The proof does not show that defendants had obligated themselves to plaintiffs; (2) all the terms of a binding contract had not been arranged.