
    Joseph F. Witmer, Appellant, v. City of Jamestown, Respondent
    
      Witmer v. City of Jamestown, 125 App. Div. 43, affirmed.
    (Argued October 20, 1909;
    decided November 9, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March' 6, 1908, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial in an action to recover for an alleged breach of contract for services.
    
      Arthur O. Wade and lincoln A. Groat for appellant.
    
      Frank IF. Stevens for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett and Hiscook, JJ. Not voting: Edward T. Bartlett, J. Dissenting: Haight, J.  