Lone Star Sulphur Corp. v. Heat & Power Co. ( 1954 )

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, with leave to the plaintiff to serve an amended complaint properly alleging that the written approval of Nichols, indorsed on the contract was not procured by defendant until after the time within which to obtain same had expired. Settle order on notice. Present — Dore, J. P., Cohn, Callahan, Breitel and Botein, JJ.