
    Ferguson Contracting Company, Appellant, v. The Helderberg Cement Company, Respondent.
    
      Ferguson Contracting Co. v. Helderberg Cement Co., 139 App. Div. 901, affirmed.
    (Argued June 9, 1911;
    decided October 3, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover on contract.
    
      Brainard Tolles and Julien T. Davies for appellant.
    
      Murray Downs for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ.  