Opinion
Submitted April 16, 1956
Decided June 7, 1956
Appeal from the Appellate Division of the Supreme Court in the fourth judicial department, DANIEL J. O'MARA, J.
William L. Clay for appellant.
Harold G. Ashworth for respondents.
Judgment modified by reducing the principal sum of $1,022.99 awarded to defendants on their counterclaim by $72.98 to $950.01, in view of the circumstance that the undisputed evidence shows that, as plaintiff requested the trial court to find, the agreement to modify the construction contract respecting the subject matter of the twenty-third finding of fact was made without changing the contract price in this respect and, as so modified, affirmed. No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.