Majority
p. 509Edward Colligan, Respondent, v. Turner Construction Company, Appellant.
Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $20,146.80; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; O’Malley and Glennon, JJ., dissent and vote for affirmance.