
    Albert S. Moore, Appellant, v. Vulcanite Portland Cement Company, Respondent, Impleaded with Others.
    (Argued February 20, 1912;
    decided March 5, 1912.)
    
      Moore v. Vulcanite Portland, Cement Co., 134 App. Div. 964, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a trial term in an action to recover for an alleged breach of contract.
    
      Horace I). Byrnes and Charles S. Yawger for appellant.
    
      William Ford Upson and William Forse Scott for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Cray, Haight, Vann, Werner, Hisccok and Collin, JJ.  