
    Leo Tover, Respondent, v. Jason S. Bailey Co., also Known as J. S. Bailey Co., and Another, Appellants.
   Order reversed, with ten dollars costs and disbursements, and motion granted, upon the ground that the moving papers show that the testimony sought to be obtained by commission was material to disprove performance on plaintiff’s part of the contract in suit, the defendants having by their answers denied such performance. Present — Dowling, Laughlin, Smith, Merrell and Greenbaum, JJ.  