
    Sam Ehrlich, Appellant, v. Jack Mills, Inc., Respondent.
    
      Pleading ■ — • equity ■— accounting — action for accounting of alleged royalties — complaint dismissed as alleging cause of action neither at lau> nor in equity.
    
    
      Ehrlich v. Mills, Inc., 215 App. Div. 115, affirmed.
    (Submitted May 29, 1928;
    decided June 12, 1928.)
    Appeal from a judgment, entered February 9, 1926, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was in equity for an accounting, the complaint alleging that plaintiff had assigned to defendant his right to copyright, print and publish a certain song in consideration of its oral promise to pay him a royalty on each copy sold and a percentage of money received from licenses to mechanically reproduce the same. The Appellate Division held that the complaint set forth a cause of action neither in equity nor at law.
    
      Abner Greenberg for appellant.
    
      Saul Gordon and Samuel Jesse Buzzell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  