
    Francis D. Langstroth, Respondent, v. J. C. Turner Cypress Lumber Company, Appellant.
    
      Langstroth v. Turner Cypress Lumber Co., 162 App. Div. 818, affirmed.
    (Argued March 14, 1917;
    decided April 3, 1917.)
    .’ Appeal from a judgment of the Appellate Division of the. Supreme Court in the first judicial department, entered May 28, 1914, affirming a judgment in favor of plaintiff entered upon the report, of a referee in an action to recover damages from defendant caused by its failure to deliver a cargo, of lumber to the firm of Henson & Pearson, plaintiff’s assignor, under a written contract of sale made by defendant’s agent, Hoban. Demand for delivery and failure to deliver is admitted in the answer. With this exception the answer is a general denial. The Statute of Frauds is also set up as a defense.
    
      Arthur O. Townsend and Harcourt Bull for appellant.
    D. Theodore Kelly and F. Ferris Hewitt for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Collin, Cárdózo, Pound, Crane and Andrews, JJ. Not sitting: McLaughlin, J.  