Opinion
April, 1921.
Present — Clarke, P.J., Laughlin, Smith, Page and Greenbaum, JJ.; Page, J., dissenting.
Judgment and order affirmed, with costs. No opinion.
I dissent from the affirmance of this judgment, on the ground that the documentary evidence establishes a modification of the contract as to the place of delivery from New York city to Perth Amboy, N.J., and, therefore, a tender of performance according to the terms of the original did not prove an offer to perform and put the defendants in default.