Opinion
December, 1918.
Present — Jenks, P.J., Thomas, Rich, Blackmar and Jaycox, JJ.
Judgment unanimously affirmed, with costs. The appellant is estopped by the receiver's decision to assert that the marble delivered and prepared and offered for delivery before the receivership did not comply with the contract; but as to the undelivered marble, valued at $400, the appellant may call for it and insist that it comply with the contract, and if it should not be furnished it would have its remedy.