Appellate Division of the Supreme Court of the State of New York April 5, 1918 (Dorsey v. Houlder, Weir & Boyd, Inc.)

Smith, J.:

This action is brought upon two contracts specified as “ 9630 ” and “ 9630 extra ” made between the M. H. Tread-well Company, the plaintiff’s assignor, and the General Petroleum Company of California for whom the defendant

*587was acting as agent and which contracts the defendant guaranteed. The answer contains in effect a general denial and pleads payment.