
    Howard Iron Works, Respondent, v. Buffalo Elevating Company, Appellant.
    (Argued April 25, 1907;
    decided May 10, 1907.)
    
      Howard Iron Works v. Buffalo Elevating Co., 113 App. Div. 662, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 10, 1906,- affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover for labor performed and materials furnished.
    
      Tracy C. Becker, Lincoln A. Groat and Alfred L. Becker for appellant.
    
      Lora/nL. Lewis, Jr., and William G. Carroll for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., G-ray, Edward T. .Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.  