Opinion
December, 1916.
Present — Clarke, P.J., Scott, Smith, Page and Davis, JJ.
The examination sought is certainly premature at the present time. The action is to reform a written contract of employment, and for an accounting as to the amount due plaintiff under the reformed contract. The plaintiff's first task is to establish his right to a reformation. Until he has succeeded in that, there is no occasion for an accounting, and, therefore, no propriety in ordering an examination of the books. Whether or not, even under the reformed contract, if it is reformed, he will be entitled to such an examination, can be determined when the question arises.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.