
    Samuel K. Nester, Appellant, v. Henry Colter, Respondent.
    
      Nester v. Colter, 98 App. Div. 634, affirmed.
    (Argued October 18, 1906;
    decided November 13, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 17, 1905, affirming a judgment in favor of defendant entered upon the report of a referee in an action to rescind a contract on the ground of alleged false representations.
    
      William S. Moore for appellant.
    z
    
      Lyman J. Baskin for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Culle:;, Ch. J., Haight, Vann, Weenee and Willaed Bae-llett, JJ. Absent: Gray, J. Hot sitting: Hiscock, J.  