Opinion
June, 1935.
Action for materials furnished and labor performed. Judgment reversed on the law and a new trial granted, costs to appellant to abide the event. The plaintiff established a prima facie case against the respondent. Further, we are of opinion that the trial court erred in excluding the contract for the installation of the gas outfit, which contract bears the signature of the respondent. Lazansky, P.J., Hagarty, Scudder, Tompkins and Johnston, JJ., concur.