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Sager-Spuck Supply Company, Inc. v. Ter Bush & Powell, Inc.
Judgment and order affirmed, with costs. Hill, P. J., Rhodes, Crapser and Bliss, JJ., concur; Heffernan, J., dissents, and votes to reverse the judgment and order and to dismiss the complaint, on the ground that there is no enforcible contract, and that the letter upon which liability is predicated constitutes a mere nudum pactum. (Carpenter v. Taylor, 164 N. Y. 171.)