
    Bernard Rifkin, Appellant, v. Novelty Manufacturing Company, Respondent.
    Judgment and order reversed and new trial ordered, with costs to appellant to abide event, on the ground that a question of fact was presented as to whether or not the defendant repudiated the contract, which should have been submitted to the jury.
   Present— Clarke, P. J., Dowling, Smith, Page and Merrell, JJ.; Dowling and Smith, JJ., dissenting.  