
    J. Henry Howe et al., Respondents, v. Thomas F. Cushing Company, Appellant.
    
      Howe y. Cushing Company, 140 App. Div. 941, affirmed.
    (Argued May 20, 1912;
    decided June 4, 1912.)
    Appeal from a judgment, entered December 1, 1910, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiffs upon the verdict, in an action to recover for an alleged breach of contract.
    
      George D. Reed for appellant.
    
      James M. E. O'Grady for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Willard Bartlett, Hiscock, Chase and Collin, JJ. Absent: Vann, J.  