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LINCOLN SERVICE, INC., Respondent, v. MARCIAL RIVERA, Appellant.

MEMORANDUM

Per Curiam.

The agreement sued upon is unenforcible because it lacks mutuality of obligation. ( Lincoln Service, Inc., v. Mack's Grill, Inc., N.Y.L.J., June 15, 1946, p. 2389, col. 3.)

The judgment should be unanimously reversed upon the law, with $30 costs to defendant, and complaint dismissed with appropriate costs in the court below.

MacCRATE, SMITH and FENNELLY, JJ., concur.

Judgment reversed, etc.

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LINCOLN SERVICE v. RIVERA
(Oct 25, 1946)