
    Harry F. Winslow, Appellant, v. Marcellus F. Mayo, Respondent.
    
      Winsloio v. Mayo, 123 App. Div. 758, affirmed.
    (Argued March 31, 1909;
    decided April 27, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 24, 1908, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial in an action to recover upon a contract.
    
      Frank Harvey Field and Walter Lester Glenney for appellant.
    
      John P. Elder and Edward 8. Clinch for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

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