A complaint alleged that defendant agreed in writing to pay plaintiff $300 if plaintiff would obtain a loan of $3,000, and that plaintiff had fully performed; the answer alleged that defendant informed plaintiff that defendant must have the money within ten days, but that when defendant called on the parties who were to make the loan, he could not obtain the money, and that the same thing occurred several times, and that the negotiations extended over much more than ten days. Held, that the answer was demurrable as not showing a modification of the written contract, and in that it did not appear when the limitation began to run and when it terminated. Burr v. Penfield, 105 N. Y. S. 939, 55 Misc. 543.