
    Huxley-Westfried Corporation, Appellant, v. Philipp Brothers Ore Corporation, Respondent.
    Argued February 22, 1966;
    decided April 28, 1966.
    
      
      Matthew H. Ross and Frederick Newman for appellant.
    
      Leo T. Kissam and Anthony S. Genovese for respondent.
   Order of Appellate Division reversed and that of Special Term reinstated, without costs, upon the ground that the record indicates the existence of factual issues required to be tried. No opinion.

Concur: Chief Judge Desmond and Judge sFuld, Van Voobhis, Burke, Scileppi, Bergan and Keating.  