
    MENTER & ROSENBLOOM CO., Respondent, v. KELLY, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    July 7, 1914.)
    Action by the Menter & Rosenbloom Company against John L. Kelly.
   PER CURIAM.

Judgment modified, by striking out the third paragraph thereof and such part of the second paragraph as is not covered by the decision, and, as so modified, affirmed, without costs of this appeal to either party. Held, that the judgment entered was too broad, and not authorized by the decision; that a judgment in accordance with the decision will fully protect all the plaintiff’s rights under the contract.

FOOTE, J.,

dissents, upon the ground that plaintiff did not make a case for equitable relief, but should be left to his remedy at law.  