
    HARRIET A. KELLAR, Plaintiff, v. JOSEPH B. RICHARDSON and GEORGE SCHERMERHORN, Defendants.
    
      Bmdence.
    
    ExCeptions ordered to be heard in the first instance at General Term, after a verdict for plaintiff. The action was brought to recover a sum of money paid- by plaintiff on a contract for a purchase of a cheese factory. One of the points litigated was, whether the defendants, in the contract which was made by them with the plaintiff, acted or agreed to contract with her in their own names, or whether the agreement was made and understood to be made by them as agents of the owners. The only point discussed at General Term was as to the competency of a question put to plaintiff on her own behalf, and answered by her under objection by defendant: “.To whom did you look for performance of the contract % ” The General Term held, that her answer showed merely her thoughts and not her acts, and was not competent evidence.
    
      B. T. Wright, for plaintiff. H. Ballard and W. H. Warren, for defendants.
   Opinion by

Learned, P. J.

Present — Learned, P. J., Boardman and Jahes, JJ.

New trial granted, costs to abide the event.  