The order appealed from should be affirmed, with ten dollars costs and disbursements, without prejudice to an application by the appellant to amend his answer in the action in which he is defendant by setting up a demand for the reformation of the contract by way of counterclaim. Present — Ingraham, McLaughlin, Laughlin. Clarke and Scott, JJ. Order affirmed, with ten dollars costs and disbursements, without prejudice to application, as stated in opinion.