
    HUBENER et al., Appellants, v. FRICK, Respondent.
    (Supreme Court, Appellate Term.
    February 25, 1900.)
    Action by Louis Hubenor and another against Charles Frick. From a judgment in favor of defendant, plaintiffs appeal.
    Affirmed.
    Wilson, Bennett & Underhill, for appellants.
    Pannes & Eberhardt, for respondent.
   ANDREWS, P. J.

This is an appeal from a judgment of the Fifth district municipal court in favor of the defendant. The only question presented by the appeal is whether the writing sued on can be treated as a lease, so as ,to support an action thereon for rent. The municipal court held that the writing in question was not a lease, but an agreement for a lease; and I am clearly of the opinion that such decision was correct, and that the judgment should be affirmed, with costs.  