
    Union Trust Company of Jamestown, Appellant, v. Howard D. Johnson Company, Respondent.
   Memorandum: We do not agree that there was any guarantee of payment of the mortgage but the evidence fails to show any liability, upon the defendant. The letter from defendant dated July 25,1941, imposed no obligation upon it. Hence, the Official Referee properly dismissed the complaint. All concur. (The judgment dismisses the complaint in an action for damages for an alleged breach of contract.) Present — Taylor, P. J., Love, Vaughan, Kimball and Piper, JJ.  