Opinion
October 10, 1949.
Defendant Groves appeals from an order which denied a motion to dismiss the second cause of action of the second amended complaint, which alleged that, after refusal of a construction company to perform its contract with plaintiffs, appellant agreed to complete the building of a house in consideration of the acceptance by plaintiffs of an order on payment for the full amount given by the construction company to appellant. Order affirmed, with $10 costs and disbursements, with leave to answer within ten days from the entry of the order hereon. No opinion. Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.