Order unanimously modified so as to direct a trial before the court of the issue of the existence of the contract and, if it be found that there is an existing contract, then as to whether it is binding on Armand Fried personally and applicable to the Puerto Rican company and, as so modified, affirmed, without costs. Settle order on notice. Present — Peek, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ.