Majority
p. 610Caroline S. Wilkinson, Respondent, v. Henry E. Davis, Administrator, Appellant.
Judgment affirmed, with costs.
This action was brought upon an agreement made with the plaintiff by the defendant to pay a certain sum for rooms and board with no deduction in case of absence, to recover the amount agreed to be paid, less the amount received. There is no dispute as to the facts. The plaintiff was entitled to recover what the defendant agreed to pay, and there was no question in the case as tp profits. The judgment should be affirmed, with costs.
Present — Van Brunt, P. J., Follett and Parker, JJ.