Opinion
May 23, 1949.
On the court's own motion, the decision herein handed down May 2, 1949 ( ante, p. 837), is amended to read as follows: In an action to recover the statutory penalty and damages by reason of defendant's discontinuance of supply of electric current to plaintiff's residence, order denying plaintiff's motion to dismiss defendant's counterclaim for alleged unpaid current consumed, pursuant to rule 113 of the Rules of Civil Practice, and to strike out defendant's answer as sham, pursuant to rule 104 of the Rules of Civil Practice, affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.