
    DE LA VERGNE CO., Respondent, v. ANTHONY & SCOVILL CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    November 6, 1908.)
    Action by the De La Vergne Company against the Anthony & Scovill Company.
    S. B. Evins, for appellant.
    G. C. Fox, for respondent.
   PER CURIAM.

Judgment affirmed, with costs. Order filed.

BOUGBTON, J.,

dissents on- the ground that the counterclaim is sufficiently broad to cover damages for delay in installing the ice plant, and that the court erred in dismissing the same.  