Majority
p. 970Irving Strauss, Appellant, v. Charles Leinhop, Respondent.
In view of the failure to allege performance by the plaintiff, the order is unanimously affirmed, with $20 costs and disbursements to the respondent, with leave to the plaintiff, upon payment of said costs and disbursements, to serve an amended complaint, setting forth due performance and any other facts to show a modification with respect to the nature of the business to be carried on. Present — Glennon, J. P., Dore, Cohn, Callahan and Van Voorhis, JJ.