
    Frank P. Kendall, Respondent, v. Gertrude Carnrick, as Executrix of John Carnrick, Deceased, Appellant.
    (Argued March 5, 1907;
    decided April 2, 1907.)
    
      Kendall v. Carnrick, 114 App. Div. 901, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 23, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court at. a Trial Term without a jury in an action to recover for an alleged breach of contract.
    
      Benjamin N. Cardozo for appellant.
    
      Edwin Countrymam, for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, ■Haight, Willard Bartlett, Hiscock and Chase, JJ.  