
    Samuel I. Epstein, Respondent, v. Rose Gluckin, Appellant, and William Gluckin, Defendant.
   Judgment reversed and new trial granted, with costs to abide the event, upon the ground that the assignee of the contract did not ^.gree to be liound by or carry ou,t the terms of the contract. Jenks, P. J., Blaekmar and Jaycox, JJ., concur; Mills and Rich, JJ., dissent.  