Opinion
May, 1932.
Appeal from Supreme Court, New York County.
Present — Finch, P.J., Merrell, O'Malley, Sherman, and Townley, JJ.; Finch, P.J., dissents and votes to reverse and grant a new trial.
Judgment affirmed, with costs. No opinion.
I dissent and vote to reverse and grant a new trial, on the ground that plaintiff should not be permitted to recover the balance claimed to be due under the contract. As I view it, the contract was not fully performed. Plaintiff should be limited to a recovery if at all on the basis of a quantum meruit.