
    WAGNER, Respondent, v. DOTTERWICH BREWING CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    May 28, 1907.)
    Action by Wenzel Wagner against the Dotterwich Brewing Company.
   PER CURIAM.

Judgment and order affirmed, with costs to the respondent.

McLENNAN, P. J.,

dissents on the ground that the resolution was not a sufficient memorandum to take the case out of the statute ■of frauds.  