Judgment affirmed, with costs. All concur, except Sears, P. and Thompson, J., who dissent and vote for reversal on the facts, on the ground that finding No. 11 contained in the decision is against the weight of the evidence and that the refusal to find defendants’ proposed findings Nos. 10 and 12 is against the weight of the evidence. Present — Sears, P. J., Crouch, Edgcomb, Thompson and Crosby, JJ.