
    BURT, Respondent, v. GEM BOTTLE & SUPPLY CO., Appellant.
    (Supreme Court, Appellate Term.
    November 14, 1906.)
    Appeal from Municipal Court, Borough of Manhattan, First District. Action by John A. Burt against the Gem Bottle & Supply Company. From a judgment for plaintiff, defendant appeals. Modified and affirmed. John G. Simpson, for appellant. George N. Boehm, for respondent.
   PER CURIAM.

It seems that the evidence of the witness Tibby should have been convincing that the balance due plaintiff was $215.26. Accordingly, the judgment will be modified by reducing it to this amount, and, as so modified, will be affirmed, without costs. No error requiring reversal appears in the record.  