Majority
p. 841Edwin S. Herzberg and May Herzberg, as Executors, etc., of Gustave Mosheim, Deceased, Respondents, v. House of Tre-Jur, Inc., Appellant. Edwin S. Herzberg and May Herzberg, as Executors, etc., of Gustave Mosheim, Deceased, Respondents, v. Albert Mosheim, Appellant.
There is a triable issue as to whether the plaintiffs have been overpaid under the contract of February 10, 1925, by reason of the receipt thereafter of $21,904.33, which, it is alleged by the defendants, was paid on account of future installments under the contract. Order and judgment unanimously reversed, with costs, and the motion denied. Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.