
    Maggie Kinner, Appellant, v. Charles R. Whipple et al., Respondents.
    
      Kinner v. Whipple, 128 App. Div. 736, reversed.
    (Argued April 4, 1910;
    decided April 26, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 30, 1908, affirming a judgment in favor of defendants entered upon a verdict directed by the court in an action to recover for an alleged breach of contract.
    
      A. B. Arnold for appellant.
    
      T. B. Trumbull, Jr., and F. B. Morehouse for respondents.
   Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of Cochrane, J., below.

Concur: Edward T. Bartlett, Werner, Willard Bartlett and IIiscock, JJ. Dissenting: Cullen, Ch. J., Gray and Chase, J J.  