Opinion
June, 1920.
Present — Jenks, P.J., Mills, Rich, Kelly and Jaycox, JJ.
Final order of the County Court of Westchester county reversed, with costs, and the petition unanimously dismissed, with costs. The proof shows that Danner was authorized by plaintiff to make on his behalf with the defendant the precise agreement which Danner by the receipt of June 4, 1919, attempted to make. There is no proof that thereafter defendant refused to execute any lease tendered by plaintiff.