E. Porter Fraker, Respondent, v. A. G. Hyde & Sons, Appellant.
Praker v. Hyde & Sons, 141 App. Div. 927, reversed.
(Argued April 9, 1912;
decided April 30, 1912.)
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 6, 1910, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover on an alleged contract for services.
Alton B. Parker, James «7. Allen and Theodore Megaarden for appellant.
' John J. Lenehan for respondent.
Judgment reversed and a new trial granted, with costs to abide the event, unless within twenty days the plaintiff stipulates to deduct from the recovery the sum of $4,200 of principal with proper proportion of interest, in which case the judgment as so reduced is affirmed, without costs in this court to either party; no opinion.
Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Chase and Collin, JJ. Hisoock, J., dissents on the ground that the plaintiff did not establish the right to recover percentage on profits.