
    Harry S. Boisnot, Respondent, v. William Wilson, Appellant.
    
      Boisnot v. Wilson, 109 App. Div. 569, modified.
    (Argued November 20, 1906;
    decided December 4, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 8,1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee in an action to recover a balance alleged to be due for services under a contract of employment.
    
      Walter D. Clark and R. Floyd Clarke for appellant.
    
      Duncan A. MacIntyre and William B. Ellison for respondent.
   Judgment entered on report of referee modified in accordance with opinion of Patterson, J., below, and as modified affirmed upon said opinion, without costs.

Concur: Cullen, Cli. J., Gray, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.  