
    SCHOELLER, Respondent, v. SCHOEL-LER, Appellant.
    (Supreme Court, Appellate Term.
    June, 1901.)
    Action by Hattie C. Schoeller against William P Schoeller.
    H. Levor, for appellant. T. W. McKnight, for respondent.
   PER CURIAM.

It plainly appears that there was a verbal agreement made January 11, 1900, for a sale by the defendant to the plaintiff of his bakery for the sum of $500; the defendant and his brother to bind themselves not to engage in like business within a limited territory for one year. The plaintiff then paid $50 on the purchase price, and was to pay the balance on the Saturday following, which she was ready and willing then to do; but the defendant, without legal reason, declined to perform. These facts are found by the verdict of the jury. The exceptions to the allowance by them of the items beyond the payment of $50 are not well taken, because they were properly incurred by plaintiff in preparing to perform her part of the undertaking, except the lawyer’s fee of $10, for which the defendant was not to be held liable in any event. The judgment will be affirmed, if reduced by the sum of $10. If not, it will be reversed, and a new trial ordered, with costs to abide the event. Judgment affirmed, if reduced by $10. If not, judgment reversed, and new trial ordered, with costs to abide event.  