Opinion
April, 1907.
Present — Patterson, P.J., Ingraham, Clarke, Houghton and Lambert, JJ.
The order appealed from should be reversed on condition that the appellant stipulate as stated by him in open court, namely, that he would raise on the trial the issue only of the sale of the merchandise and the defendant's promise to pay therefor. If such stipulation be not given, the order will be affirmed, with ten dollars costs and disbursements.
Order reversed, without costs, on conditions stated in opinion; if such conditions be not complied with, order affirmed, with ten dollars costs and disbursements. Settle order on notice.