Opinion
February 14, 1950.
Present — Peck, P.J., Dore, Cohn, Callahan and Shientag, JJ.
Judgment unanimously affirmed, with costs to the respondent. The seventh finding of fact proposed by the plaintiff and adopted by the court below is reversed and in its place the following finding is made by this court: "7. That when the defendant notified the plaintiff on February 2, 1949, or February 3, 1949, that it accepted plaintiff's offer, and at all times thereafter, it specified as a condition for its acceptance, in substance, that time was to be of the essence of the contract." Settle order on notice.