
    Edward K. Fenno, Respondent, v. Ontario Construction Company, Appellant.
    
      Fenno v. Ontario Construction Co., 146 App. Div. 902, modified.
    (Argued January 29, 1913;
    decided February 14, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 24, 1911, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover a balance alleged to be due under a building contract.
    
      Ernest I. Edgcomb and William Nottingham for appellant.
    
      Frederic E. Storke for respondent.
   Judgment reversed and new trial granted, costs to abide event, unless within twenty days plaintiff stipulates to deduct from the judgment the sum of $277.06, in which case judgment as reduced is affirmed, without costs in this court to either party; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Chase, Collin, Cuddeback and Miller, JJ.  