Opinion
April, 1929.
Present — Kapper, Rich, Hagarty, Carswell and Scudder, JJ. Settle order on notice.
Judgment modified by dismissing the complaint in so far as plaintiff Jacob Carner is concerned, and by increasing the money damages awarded plaintiff Carner Brothers, Inc., by the sum of $5,240, the amount of damages awarded plaintiff Jacob Carner, with interest. As so modified the judgment is unanimously affirmed, without costs. It affirmatively appears that the contract made by plaintiff Jacob Carner with defendant Julius Steinberg was assigned by Jacob Carner to Carner Brothers, Inc. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made.