
    WILLIAM L. DRUMMOND, Plaintiff and Appellant, v. GEORGE W. CARLETON, Defendant and Respondent.
    Before Curtis, Ch. J., and. Sedgwick and Freedman, JJ.
    
      Decided January 6, 1879.
    Appeal from judgment entered upon the report of a referee dismissing plaintiff’s complaint upon the merits, with costs.
    
      Wm. A. Copp, for appellant.
    
      Edmund Coffin, Jr., for respondent.
   This case involves only questions of fact.

Per Curiam.

The judgment should be affirmed with costs, on the opinion of the referee.  