
    William H. Lough, Appellant, v. The Ronald Press Company, Respondent.
    
      Contract — rescission — action to rescind a contract for the sale of the manuscript of a booh.
    
    
      Lough v. Ronald Press Co., 210 App. Div. 875, affirmed.
    (Argued June 12, 1925;
    decided October 13, 1925.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 9, 1925, unanimously affirming a judgment in favor of defendant entered upon an order of Special Term granting a motion for a dismissal ' of the complaint. The action was to rescind a written contract, for an injunction, an accounting and damages, and to compel the surrender and assignment by the defendant to the plaintiff of all unsold copies and of the plates of a certain book of which it was alleged plaintiff was the author, together with the copyright.
    
      Abraham Tulin for appellant.
    
      Wilber W. Chambers for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., McLaughlin, Andrews and Lehman, JJ. Dissenting: Cardozo and Crane, JJ. Absent: Pound, J.  