Majority
p. 736The National Cash Register Company, Appellant, v. Francis M. Finnan, Respondent, Impleaded with Another, Defendant.
Determination unanimously affirmed, with costs and disbursements to the respondent, upon the ground that the trial court was justified in finding that the plaintiff’s failure to execute the order of December 6, 1935, until March 17, 1936, constituted a breach of the contract by the plaintiff. Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.