
    Benjamin N. Oakeshott, Appellant, v. James H. Smith et al., Respondents.
    
      Oakeshott v. Smith, 104 App. Div. 384, affirmed.
    (Argued May 21, 1906;
    decided June 5, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1905, affirming a judgment in favor of plaintiff entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for an alleged breach of contract.
    
      John E. Parsons for appellant.
    
      William B. Hornblower and Hoffman Miller for respondents.
   Judgment affirmed, with costs; no opinion.

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