
    I. B. Miller Contracting Corporation, Appellant, v. Carleton Company, Respondent.
    Argued January 17, 1940;
    decided February 27, 1940.
    
      
      Herbert M. Rosenberg and Louis Rosenberg for appellant.
    
      Frederick N. Van Zandt and Arthur J. Carleton for respondent.
   Judgment of the Appellate Division dismissing the complaint reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that questions of fact were presented by the evidence. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ.  