
    Ernest D. Lindley, Respondent, v. Charles A. Campbell, Appellant.
    
      Lindley v. Campbell, 149 App. Div. 935, affirmed.
    (Argued January 29, 1914;
    decided February 24, 1914.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 1, 1912, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover a balance alleged to be due under a • building contract, and for extra work alleged to have been performed.
    
      Edgar V. Bloodough for appellant.
    
      Fred B. Pitcher for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Hiscock, Chase, Hogan and Miller, JJ. Dissenting: Werner and Collin, JJ. _'  