FABER v. HOVEY

ALLEN, RAPALLO, ANDREWS and EARL, JJ., agree to affirm without opinion. MILLER, J., reads for reversal and new trial, unless plaintiff stipulates to reduce damages to nominal damages. CHURCH, Ch. J., concurs on ground that a case was not made out for damages. FOLGER, J., concurs on ground that the basis for damages was erroneous.

Judgment affirmed.