
    Charles G. Riehl, Appellant, v. Abraham L. A. Himmelwright and Jes Dall, Respondents.
    First Department,
    February 7, 1913.
    See head note in Riehl v. Austin {ante, p. 207).
    Appeal by the plaintiff, Charles G. Riehl, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of April, 1912, upon the dismissal of the complaint hy direction of the court after a trial at the New York Trial Term.
    
      Frederick Stewart, for the appellant.
    
      B. F. Norris, for the respondents.
   Per Curiam:

The judgment should be reversed and a new trial granted, with costs to appellant to abide the event, for the reason given in Riehl v. Austin (155 App. Div. 207), decided herewith.

Present — Ingraham, P. J., McLaughlin, Laughun, Scott and Dowling, JJ.

Judgment reversed and new trial ordered, costs to appellant to abide event. Order to be settled on notice.  