
    Wilbert S. Birdsall, Appellant, v. John P. Wheeler et al., Respondents.
    
      Birdsall v. Wheeler, 62 App. Div. 625, affirmed.
    (Argued December 9, 1902;
    decided January 6, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 5, 1901, affirming a -judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
    
      Robert S. Parsons for appellant.
    
      A. D. Wales for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Gray, O’Brien, Bartlett, Haight, Vann and Cullen, JJ.  