Opinion
July, 1920.
Judgment affirmed, with costs. All concur, except Lambert and De Angelis, JJ., who dissent upon the grounds: 1. That the finding of fact that the January contract was modified and amended by the sale alleged to have been made in May is destitute of evidence to support the finding. 2. That the evidence conclusively establishes the fact that the parties abandoned the contract of January seventeenth. 3. That upon the pleadings and proof a case has not been established authorizing any recovery.