
    Jacob Thomann, Appellant, v. Anthony Massetl, Respondent.
    Appeal by plaintiff from a judgment of the Municipal Court of the city of Mew York, borough of Manhattan.
    Maurice Rapp, for appellant.
    Leopold Harburger, for respondent.
   Per Curiam.

While the writing in this case evidenced part of the engagement of the parties, it manifestly does not cover the subject which was especially litigated upon the trial, namely, the understanding as to the weight of the article to be made by the plaintiff. This subject was presented to the court on conflicting evidence, and with the conclusion reached below, we see no reason for interfering.

Present: Bebkmast, P. J., Giegericii and O’Gormam, JJ.

Judgment affirmed, with costs.  