
    ROBERT YATES, Respondent, v. JOHN SAMMOND, Appellant.
    Appeal from a judgment entered in favor of the plaintiff upon the report of a referee.
    This case depended entirely upon a question of fact. The court at General Term was of opinion that the testimony was sufficient to uphold the referee’s findings, and affirmed the judgment.
    
      J. S. L. Cummins, for the appellant.
    
      Abel Crook, for the respondent.
   Opinion by Tappen, J.

Present — Barnard, P. J., Talcott and Tappen, JJ.

Judgment affirmed, with costs.  