
    ROCHESTER BILL-POSTING CO., Respondent, v. CITY OF ROCHESTER, Appellant.
    (Supreme Court, Appellate Division Fourth Department.
    June, 1899.)
    Action the Rochester Bill-Posting Company agai the city of Rochester.
   PER CURIAM.

Upon the facts found, a the stipulation at the trial, the plaintiff’s co~ plaint should have been dismissed, with cos to the plaintiff; and the judgment is, the fore, modified accordingly, and, as thus mo ified, affirmed, without costs of this appeal either party.  