
    William H. SWEEZEY, respondent, v. Joanna M. O’ROURKE, appellant.
    (Supreme Court, Appellate Division, Second Department.
    April 7, 1916.)
    The contract contemplated that plaintiff should sink the well until gravel bearing fresh water was reached. It conclusively appears that he failed to perform his contract in this respect. Judgment reversed and complaint dismissed, with costs.
   Jenks, P. J., and Thomas, Mills, and Rich, JJ., concur. Carr, J., not voting.  