
    SHILLING, Appellant, v. WILLETS, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    October 7, 1910.)
    Action by George B. Shilling against Andrew J. Willets.
   PER CURIAM.

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the defendant’s agents had the implied authority to make the agreement for the payment of the $35, and that the law implies a promise on defendant’s part to repay the sum paid him by mistake.  