
    George M. Depew, Respondent, v. The Peck Hardware Company, Appellant.
    
      Bepeio v. Peck Hardware Oo., 121 App. Div. 28, affirmed.
    (Argued December 3, 1909;
    decided December 17, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 12, 1907, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial in an action to recover damages alleged to have been sustained by plaintiff through the sale to him by defendant of adulterated seed.
    
      Frank A. Christian for appellant.
    
      Royal R. Scott for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett, Hiscock and Chase, JJ.  