
    Harrison D. McFaddin, Appellant, v. John C. Sparks, Respondent.
   Judgment and order affirmed, with costs. No opinion. Present — Dowling, P. J., Merrell, McAvoy, O’Malley and Sherman, JJ., Sherman, J., dissents and votes for reversal on the ground that the writings would be sufficient under the Statute of Frauds, if signed by the parties, and that the remaining issue of agency should be determined in the manner provided by rule 108 of the Rules of Civil Practice, or upon trial.  