
    Michael Strebler, Respondent, v. Title Guarantee and Trust Company, Appellant.
    Argued March 2, 1938;
    decided April 12, 1938.
    
      
      Timothy N. Pfeiffer, Edward N. Perkins and John M. Friedman for appellant.
    
      Grant Hoerner for respondent.
   Judgment modified by deducting therefrom the $248 claimed under the second cause of action, and as so modified affirmed, without costs. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lohghran and Rippey, JJ.; Finch, J., dissents in part in the following memorandum:

Finch, J.

(dissenting in part). I concur in the modification as to the deduction claimed under the second cause of action, but I vote to reverse and grant a new trial on the ground that the price the certificate would bring in the market is an improper basis for fixing damages. (Matter of New York Title & Mortgage Co., 277 N. Y. 66.)  