
    Alsens American Portland Cement Works, Respondent, v. New Jersey Dock and Bridge Building Company, Appellant.
    (Argued October 15, 1917;
    decided October 30, 1917.)
    
      Alsens American Portland Cement Works v. New Jersey Dock & Bridge Building Co., 165 App. Div. 986, affirmed.
    Appeal from a judgment, of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1914, affirming a judgment in favor of plaintiff, entered upon the report of a referee, in an action to recover the value of certain Portland cement alleged to have been sold and delivered. Defendant alleged that it was a contractor engaged in construction work and had a contract for a particular piece of work; that the material delivered was not of the kind or quality suitable for the work for which it was ordered; that concrete made of it would not harden within a reasonable time; that it was rejected, and that plaintiff was notified of this and requested to remove it from the premises, and to furnish a cement suitable for the work.
    
      Calvin D. Van Name for appellant.
    
      Arthur A. Michell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and. Andrews, JJ.  