
    L. D. Garrett Company, Appellant, v. Daniel Sidney Appleton, Respondent.
    
      Garrett Co. v. Appleton, 101 App. Div. 507, affirmed.
    (Argued February 15, 1906;
    decided March 6, 1906.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 24, 1905, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. •
    
      Edgar J. Nathan and Michael H. Ga/rdozo for appellant.
    
      Oharles E. Eydecker for respondent.
   Order affirmed and judgment absolute ordered against the plaintiff on the stipulation, with costs in all the courts, on opinion below.

Concur: Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.  