Judgment insofar as it is in favor of plaintiff against defendant affirmed, without costs, and judgment insofar as it is in favor of defendant against plaintiff reversed on the law and the facts, with costs, and judgment directed in favor of plaintiff for the relief demanded in the complaint and dismissing the first counterclaim. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein.
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