Majority
p. 786Lee Kuhn, Respondent, v. Max S. Hillson, Doing Business under the Name of Neptune Raincoat Company, Appellant.
In an action to recover commissions earned pursuant to the provisions of a written contract, order granting-
p. 787
motion of plaintiff for partial summary judgment, insofar as appealed from, and judgment entered in accordance therewith, affirmed, with $10 costs and disbursements. Ho opinion. Close, P. J., Hagarty, Johnston and Lewis, JJ., concur; Aldrich, J., dissents, votes to reverse the order, insofar as appealed from, and judgment, and to deny the motion on the ground that a question of fact is presented which should not be determined on conflicting affidavits.