
    Michael J. Leahy, Appellant, v. Interborough Rapid Transit Company, Respondent.
    (Argued May 9, 1927;
    decided May 31, 1927.)
    
      Contract — conversion — action for work done and. materials furnished in performance of contract and for conversion of material used to complete work.
    
    
      Leahy v. Interborough Rapid, Transit Co., 217 App. Div. 754, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 9, 1926, unanimously affirming a judgment in favor of defendant entered upon a verdict directed by the court. The action was brought to recover for work done and materials furnished by the plaintiff in partial performance of a contract for the construction of a section of an elevated railroad consisting of a steel superstructure erected on concrete foundations or piers constituting a portion of the Webster Avenue line, located in the borough of The Bronx, New York city, and for the conversion by the defendant of steel belonging to the plaintiff, used by defendant in completing the work.
    
      Abram J. Bose, Alfred C. Petté and Asa B. Kellogg for appellant.
    
      J. Osgood Nichols, Henry J. Smith, Frederick G. Watson and James L. Quackenbush for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  