Judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The testimony as to Halpern’s relations with plaintiff, his right to bind plaintiff by the special agreement, and to receive pay under it, presented, among others, questions of fact which required the trial justice to submit the issues to the jury for determination. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.