
    James Lumber Company, Appellant, v. Martin H. Sawtelle, as Trustee in Bankruptcy of the Firm of Claremont E. Smith & Co., Respondent.
    (Argued May 7, 1915;
    decided May 25, 1915.)
    
      James Lumber Co. v. Smith, 158 App. Div. 894, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 21, 1913, affirming a judgment in favor of plaintiff, but for an amount less than claimed, entered upon a decision of the court at a Trial Term without a jury in an action to recover a balance alleged to be due on the purchase price of certain lumber. The answer made certain specific denials and in addition pleaded payment, accord and satisfaction-and alleged a counterclaim.
    
      Thomas B. Merchant for appellant.
    
      P. J. McManus for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Werner, Chase, Hogan, Miller, Cardozo and Seabury, JJ.  