
    Whitbeck v. Building Material Company, appellant.
    Appeal from a judgment in favor of plaintiff entered upon the report of a referee. The action was brought in Westchester county by James A. Whitbeck against The Building Material Company to recover damages for a breach of contract by defendant in refusing to receive certain brick sold to it by plaintiff.
    
      Geo. W. Carpenter, for appellant.
    
      David, W. Travis, for respondent.
   Barnard, P. J.

The decision of the referee was sustained upon the ground that the case presented only a question of fact which had been decided by the referee on conflicting evidence.

Judgment affirmed.  