
    E. Alexander Hand, Respondent, v. George W. Egbert, Appellant.
    
      Band v. Mgbert, 111 App. Div. 920, affirmed.
    (Submitted June 13, 1907;
    decided October 1, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 31, 1906, affirming a judgment in favor of plaimm entered upon a verdict and an order denying a motion for a new trial in an action to recover the amount of a deposit paid upon a contract which it is alleged defendant failed to perform.
    
      Benjamin F. Norris and George W. Titcomb for appellant.
    
      .James GrooJce McLeer and Haney O. Dobson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann, Werner and Hiscock, JJ.  