
    Howard Hendrickson, Respondent, v. Peter J. Callan, Appellant.
    
      Hendrickson v. Callan, 147 App. Div. 480, affirmed.
    (Argued December 15, 1913;
    decided December 30, 1913.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 1Y, 1911, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action on contract.
    
      Neile F. Towner for appellant.'
    
      A. Page Smith for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Werner, Willard Bartlett, Hiscogk, Chase, Collin and Cuddebaok, JJ.  