Order so far as appealed from affirmed, with twenty dollars costs and disbursements. No opinion. Present — Finch, P. J., Martin, O’Malley, Townley a.nd Glennon, JJ.; Finch, P. J., concurs upon the ground the defendant is relying upon an alleged independent contract between the parties, the existence of which plaintiff has not denied. It cannot be assumed that the alleged contract is not in writing and thus within the parol evidence rule.