
    S. Byron Hershey, Appellant, v. Angelina Marrone, as Administratrix of the Estate of Alberto G. Rosati, Deceased, Respondent.
    
      Hei-sJteyv. Marrone, 134 App. Div. 910, affirmed.
    (Argued January 24, 1910;
    decided February 8, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11, 1909, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury in an action to recover for an alleged breach of contract.
    
      Sardius D. Bentley for appellant.
    
      Louis Lowenstein and Francis W. Russell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Werner, Willard Bartlett, Hiscook and Chase, JJ.  