
    Hudson River Water Power Company, Appellant, v. Glens Falls Portland Cement Company et al., Respondents.
    
      Hudson River Water Power Co. v. Glens Palls P. Cement Co., 109 App. Div. 919, affirmed.
    (Argued November 21, 1906;
    decided December 11, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 27, 1905, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action to recover for breach of contract.
    
      
      Bichará L. Hand, Edgar T. Brackett and Henry W. Williams for appellant.
    
      Howard Taylor, William B. Anderson, Francis H Kinnicutt and Louis M. Brown for respondents.
   J udgment affirmed, with costs; no opinion.

Concur: Gray, Haight, Vann, Werner, Willai® Bartlett and Hiscock, JJ. Not voting ; Cullen, Ch. J.  