
    Uvalde Asphalt Paving Company, Respondent, v. The City of New York, Appellant.
    
      Uvalde Asphalt Paving Co. v. City of New York, 128 App. Div. 210, affirmed.
    (Argued March 4, 1910;
    decided March 22, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entere October 20, 1908, modifying, and affirming as modified, a
    
      judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, in an action to recover for an alleged breach of contract.
    
      Francis K. Pendleton, Corporation Counsel {Terence Farley and Theodore Connoly of counsel), for appellant.
    
      Fdward M. Grout and James F. McKinney for • respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner, Willard Bartlett and Hiscock, JJ. Absent: Chase, J.  