
    William Sauer and John Burns, Respondents, v. The Angle Lamp Co., Appellant.
    Appeal from a judgment of the District Court in the city of.' . New York for the first judicial district.
    
      Greene & Johnson, for appellant.
    
      Cromwell G. Macy, for respondents.
   Per Curiam.

This action was brought to recover for work,, labor and services in making a mould for a glass lamp for the-defendant. According to- plaintiffs’ testimony, they first: wished a wooden mould for the lamp, of which the defendant furnished a sketch, which upon trial proved successful, .but'- ■ the defendant desired some change made in the form of the-lamp, whereupon the plaintiffs endeavored to make an iron mould which Would produce the required form, but after several attempts failed to produce one which would work successfully.. The defendant contends that the plaintiffs undertook to produce the required mould which could be used in. the business, and as they did not they should receive no compensation for their work. The plaintiffs, on the other hand, contend that all they did was under the direction- and supervision of the officers of the defendant company; that they did make a wooden mould which produced a lamp according-to the sketch, and that the iron mould did not work satisfactorily because of the changes made under defendant’s direction. The justice allowed the plaintiffs’ claim so far as the original, work was concerned, but refused to allow for the alterations,, presumably upon the ground that they would produce a mould. embodying the change's, proposed by defendant and would work successfully. And we think the evidence justified him in'r'eaching.both of these conclusions, and that the judgment should be affirmed, with costs to respondents.

Present: Bookstavbb and Bischoff, JJ.

■ Judgment affirmed, with costs.  