
    Benjamin Mindlin, Appellant and Respondent, v. The Druggists Circular, Inc., Respondent and Appellant.
    (Submitted October 22, 1926;
    decided November 16, 1926.)
    
      Contract — action for breach of advertising contract.
    
    
      Mindlin v. Druggists Circular, Inc., 216 App. Div. 748, affirmed.
    Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 13, 1926, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was to recover for breach of an alleged contract whereby defendant, the publisher of a trade magazine, agreed to publish plaintiff’s advertisement for one year. Defendant admitted its refusal to publish the advertisement but claimed that it was justified in doing so by the terms of the contract.
    Judgment affirmed, without costs;
    
      Herman Shulman, Mortimer Hays and Benjamin Algase for plaintiff, appellant and respondent.
    
      Charles B. Coulter, Arnold L. Davis and Guy C. Heater for defendant, respondent and appellant.
   no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  