
    William P. Schweickert, Respondent, v. Max Mandell, Appellant.
   Order granting plaintiff’s motion for summary judgment reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that the facts set forth in defendant’s affidavit present an issue of fact as to whether there was or was not a contract between the parties. Lazansky, P. J., Young, Kapper and Tompkins, JJ., concur; Hagarty, J., dissents and votes to affirm.  