Opinion
December, 1918.
Judgment and order affirmed, with costs. No opinion. Jenks, P.J., Thomas and Mills, JJ., concurred; Putnam and Kelly, JJ., dissented and voted to reverse the judgment and order appealed from and to grant a new trial, for the reason that the learned trial justice erred in excluding the letter written by defendant to plaintiff's purchasing agent before the execution of the contract (Exhibit C for identification), which letter is specifically referred to in the written contract as "Contractor's quotation to the Purchasing Agent of March 31st, 1915," upon the ground that such letter is admissible, not to vary or contradict the written contract, but to supply a patent omission as to the quantity of material to be furnished ( Emmett v. Penoyer, 151 N.Y. 567, and cases there cited; Cooper v. Payne, 186 id 334.)