
    William D. Pindar, Appellant, v. Ormond E. Jenkins, Respondent.
    
      Pindar v. Jenkins, 128 App. Div. 711, reversed.
    (Argued October 13, 1910;
    decided October 28, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 30, 1908, affirming a judgment for nominal damages in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for an alleged breach of contract of employment.
    
      L. B. McKelvey for appellant.
    
      W. P. Butler for respondent.
   Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of Kellogg, J., below.

Concur: Cullen, Ch. J., G-ray, Werner, Willard Bartlett, Hisoook and Chase, JJ.  