Opinion
November 18, 1938.
Present — Martin, P.J., Townley, Untermyer, Cohn and Callahan, JJ.
There is a triable issue as to whether the plaintiffs have been overpaid under the contract of February 10, 1925, by reason of the receipt thereafter of $21,904.33, which, it is alleged by the defendants, was paid on account of future installments under the contract. Order and judgment unanimously reversed, with costs, and the motion denied.