Warner v. Nelson — 135 N.Y.S. 1148

p. 1148

WARNER et al., Respondents, v. NELSON, Appellant.

(Supreme Court, Appellate Division, First Department.

May 31, 1912.)

Headnote

Action by Charles B. Warner and another against John A. Nelson.

T. W. Churchill, for appellant. A. C. Cass, for respondents.

Order affirmed, with $10 costs and disbursements, with leave to defendant to answer on payment of costs. Order filed. See, also, 146 App. Div. 933 , 131 N. Y. Supp. 1149 .

dissents, on the ground that in his opinion the contract lacks mutuality.