Majority
p. 837Nils Jernberg, Appellant, v. VirTis Company, Inc., Respondent. Argued February 12, 1968; decided February 22, 1968.
p. 839
Copal Mints and Joseph J. Einhorn for appellant.
F. Walter Bliss, I. Walton Bader and David W. Corwin for respondent.
Order affirmed, with costs, but without prejudice to an action, if any, plaintiff or his assignor may have to recover damages in quantum meruit. No opinion.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.