
    Samuel S. Mallett, Respondent, v. Stanley E. Kellar, Appellant.
    
      Mallett v. Kellar, 91 App. Div. 502, affirmed.
    (Argued March 7, 1905;
    decided April 11, 1905.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 14, 1904, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      Eustace Conway for appellant.
    
      Thomas Watts and Edwin S. Merrill for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Ch. J., Gray, O’Brien, Bartlett, Haight, Yann and Werner, JJ.  