
    George W. Young, Respondent, v. United States Mortgage and Trust Company, Appellant.
    
      Young v. U. S. Mortgage & Trust Co., 179 App. Div. 678, affirmed.
    (Argued April 30, 1919;
    decided July 15, 1919.)
    ■ Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 23, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover the sum of $158,260.51 on a contract alleged to have been made between the plaintiff and the defendant on June 22, 1899, by which the defendant, in consideration of the services to be rendered by the plaintiff to the defendant as its president, agreed to pay him in addition to his fixed salary, as president, a sum equal to five per cent of the net profits realized by the defendant on its business. The answer denied the alleged contract, as well as its performance by the plaintiff.
    
      William D. Guthrie and Spotswood D. Bowers for appellant.
    
      John C. Tomlinson, D-Cady Herrick and Austen G. Fox for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Collin, Cuddeback, Hogan, Crane and Andrews, JJ. Not voting: Chase, J. Not sitting: McLaughlin, J.  