Order affirmed, with costs, on ground that the complaint fails to state a tender of performance by plaintiff or facts excusing such tender and permitting recovery on principal of plaintiff’s readiness to perform. Third question certified answered in the affirmative; fourth and fifth questions in the negative. Other questions not answered.

Concur: Cardozo, Ch. J., Crane, Andrews, Lehman and O’Brien, JJ.; Pound, J., concurs in result; Kellogg, J., not sitting.