
    United States Title Guaranty Company, Respondent, v. Jacob M. Simon, Appellant.
    Judgment and order reversed and new trial granted, costs to abide the event, on the grounds that the testimony raised issues for the jury (1) whether the signing of the “ card ” or contract was upon condition that plaintiff should not go ahead with the search until so notified by defendant; (2) whether Simon’s testimony that he had told Mr. Fleury that the contract of sale was going to be signed the next day, and that Simon thought it was safe for Fleury to go ahead, but that if something happened, Simon would notify him to stop, was or was not such an order to proceed with the search, and (3) that under the form of contract the actual damages for its breach (if a breach were found) were also for the jury.
   Jenks, P. J., Putnam and Blaekmar, JJ., concurred; Rich and Kelly, JJ., dissented.  