I concur with Mr. Justice Laughlin on the ground that the letter of October 7, 1903, was a written discharge which authorized the plaintiff to consider that the relations between himself and the defendant were terminated, and that the notice published in- the Racing Calendar was not a fair statement of the relations that existed between the plaintiff and defendant.
Soott, J., concurred.
Judgment and order reversed, new trial ordered, costs to appellant to abide event.