
    American Rug & Carpet Co., Inc., Appellant, v. Sol Herman, Respondent.
    
    Supreme Court, Appellate Term, First Department,
    June 14, 1934.
    
      Ira M. Greene [Theodore Reitman of counsel], for the appellant.
    
      Sol M. Selig, for the respondent.
    
      
      Revg. 147 Misc. 692.
    
   Per Curiam.

The facts establish neither an accord and satisfaction nor a composition agreement; nor does the evidence sustain a finding that the plaintiff agreed to discharge the debt.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff as demanded in the complaint.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.  