Opinion
April, 1926.
Present — Clarke, P.J., Merrell, Finch and Martin, JJ.
Order modified as indicated in order and as so modified affirmed, with ten dollars costs and disbursements to the appellant, with leave to plaintiff to serve an amended complaint within twenty days from service of order upon payment of said costs, upon the ground that the complaint does not properly allege due performance on the plaintiff's part, or facts constituting a waiver.