
    Carrie M. Bustin, as Executrix of John W. Bustin, Deceased, Respondent, v. C. T. Hookway Construction Company, Appellant.
    
      Contract — action to recover for materials furnished — defense of payment.
    
    
      Bustin v; Hookway Construction Co., 190 App. Div. 929, affirmed.
    (Argued March 22, 1921;
    decided April 19, 1921.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme.Court in the fourth judicial department, entered January 7, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover a balance due for certain paving block alleged to have been sold and delivered to defendant by plaintiff’s intestate in his lifetime. The answer was a general denial and alle'ged as a separate defense that the paving block was purchased from testator as agent for a certain foreign corporation and that the balance alleged to be due had been paid to said corporation.
    
      William H. Harding for appellant.
    
      Waldo Weston for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Hogan, Cardozo, Pound, Crane and Andrews, JJ.  