Opinion
May 3, 1950.
Appeal from County Court of Broome County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Plaintiff's proofs established an account stated. The variance in the amount as pleaded and proved did not call for a nonsuit. The amount allowed on defendant's counterclaim was not against the weight of evidence. Judgment and order unanimously affirmed, with costs.