The order at Special Term is modified to strike item 2 entirely; to delete the word "exact" in item 1 (a); to delete the words following "conversations" and substitute in place thereof the phrase "that constituted the oral contract" in item 1 (b); to delete the words, "and made fraudulently by the plaintiff" in item 7. The order as so modified is otherwise affirmed, with costs to the appellant...
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