
    William L. Bowes, Respondent, v. W. H. Small & Company, Appellant.
    (Submitted October 15, 1917;
    decided October 30, 1917.)
    
      Bowes v. Small & Company, 163 App. Div. 932, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 15, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover an alleged loss caused by reason of a decline in the market price of seed sold to plaintiff by defendant. The complaint alleged in substance that the defendant agreed and undertook with plaintiff that it would stand one-half of any loss or depreciation in the market value of seed after the time of purchase. Ño fraud or mistake was alleged. The answer was a general denial and alleged that said sale was without any condition on the part of the defendant which it failed to perform.
    
      Oscar J. Brown for appellant.
    L. B. Williams for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.  