Order affirmed, with $10 costs and disbursements.
Defendant's time to plead in conformity with the order is extended until ten days after the entry of the order hereon. The counterclaim failed to state facts from which it could be found that the refusal of plaintiff to accept payment of an amount alleged to have been agreed upon in an account stated prevented the defendant from liquidating the partnership, or caused any damage to him, or was a breach by plaintiff...
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