
    American Fruit Product Company, Appellant, v. John G. Ward, Respondent.
    
      American Fruit Product Co. v. Ward, 113 App. Div. 319, affirmed.
    (Reargued June 8, 1908;
    decided September 29, 1908.)
    See 190 N. Y. 533, 562; 192 N. Y. 549.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May-22, 1906, which modified and affirmed as modified a judgment in favor of defendant entered upon the report of a referee and affirmed an order granting an additional allowance’ in an action to recover for an alleged breach of contract.
    
      James Breck Perkins for appellant.
    
      Lewis E. Carr for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Haight, Vann, Willard Bartlett, Hiscock and Chase, JJ. Dissenting: Cullen, Ch. J. Not sitting: Werner, J.  