Opinion
September, 1906.
Judgment and order denying motion for new trial reversed and new trial ordered, with costs to the appellant to abide event. Order permitting service of amended reply affirmed. Held, that there was no sufficient evidence of mutual mistake. (See opinion of Nash, J., on former appeal, 109 App. Div. 351.) Also, that there was no sufficient evidence of waiver or abandonment. All concurred.