
    William H. McWhirter, Respondent, v. Abner T. Bowen et al., Appellants. Alvin Eisert, Respondent, Impleaded with Another.
    
      McWhirter v. Bowen, 103 App. Div. 447, affirmed.
    (Submitted December 10, 1906 ;
    decided January 8, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered up on a decision of the court on trial at Special Term in an action to enforce a written agreement and for an accounting.
    
      Henry B. Johnson, William L. Marshall and John J. Cunneen for appellants.
    
      James M. Fisk for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Edward T. Bartlett, Werner, Hiscock and Chase, JJ.  