
    CHOATE, Appellant, v. MATTHEWSON, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    May 21, 1913.)
    Action by Allen E. Choate against Anna E. Matthewson.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the evidence presented on the question of fact as to the agency of Fred S. Matthewson for his wife, Anna E. Matthewson, in a contract for the sale of the property in question, should have been submitted to the jury.

FOOTE, J., dissents.  