Opinion
May, 1918.
Present — Clarke, P.J., Dowling, Smith, Page and Merrell, JJ.; Dowling, J., dissented.
Judgment affirmed, with costs. No opinion.
I dissent, on the ground that, in my opinion, there was an issue for the jury upon the plaintiffs' case as to whether or not Scheibler was the defendants' agent and whether he was authorized to waive the provision of the lease requiring written notice of the defect in the roof.