This suit was brought in the Passaic District Court to recover the balance due of $44.40 on a written “contract. The case was tried by the judge without a jury, resulting in a judgment for the defendant.

The judgment is reversed and a venire de novo awarded, for the reason stated in No. 452, the present- term, and the case of Edison Fixture Co., Inc., v. Copoulos, 3 N. J. Adv. R. (at p. 174); 127 Atl. Rep. 551.