
    A. Schwoerer & Sons, Incorporated, Respondent, v. Samuel H. Stone, Appellant.
    
      Schwoerer & Sons, Inc., v. Stone, 130 App. Div. 796, affirmed.
    (Argued December 7, 1910;
    decided January 3, 1911.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 5, 1909, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover a balance alleged to be due for labor performed and materials furnished.
    
      Benjamin F. Feiner and Samuel M. Fischer for appellant.
    
      Bertram L. Kraus for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Haight, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.  