
    ROOT, Respondent, v. GALLANNER, Appellant.
    (Supreme Court, Appellate Term.
    March 5, 1900.)
    Action by John C. Root against Edmund Gallanner. From a judgment in favor of plaintiff, defendant appeals. Affirmed. Sproull, Harmer & Sproull, for appellant. Matthew F. Ennis, for respondent.
   PER CURIAM.

The jury, not being bound, to credit either defendant or his wife, could have-found in the circumstances sufficient to warrant a finding of performance on the part of the plaintiff. The verdict should, therefore, not be-disturbed. Some irrelevant evidence was admitted, but, in view of its substance, we believe-the defendant was not prejudiced. Judgment affirmed, with costs.  