
    LARNED, Respondent, v. WATSON, Appellant.
    (Supreme Court, Appellate Division Fourth Department.
    January 23, 1907.)
    Ac lion by Edwin C. Lamed against Oliver Wat son.
   PER CTJRIAM.

Judgment and order affirm ed, with costs.

MCLEINNAN, P. J.,

dissents on the grourn that there is no evidence that the alleged fail ure of the defendant to perform his contrac resulted in damage to the plaintiff, and on th~ further ground that plaintiff waived any suci ireach on the defendant's part.  