Majority
p. 720Carl W. Stern, Respondent, v. Zucker & Josephy, Inc., Appellant. Zucker & Josephy, Inc., Appellant, v. Carl W. Stern, Respondent.
Judgment affirmed, with costs. No opinion. Present — Finch, P. J., MeAvoy, Martin, Sherman and Townley, JJ.; Martin, J., dissents and votes to reverse and grant a new trial on the ground that the parties were bound by their agreement that the respondent do all that was necessary in prosecuting the claim for twenty-five per cent of any recovery.