
    Charles R. Ross, Respondent, v. Bayer-Gardner-Himes Company, Appellant.
    
      Ross v. Bayer-Gardner-Himes Co., 108 App. Div. 366, affirmed.
    (Argued December 6, 1906;
    decided December 21, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 15,1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover upon an agreement by a tenant to pay for certain work performed upon the premises, such payments, by consent of the owner, to be in lieu of rent.
    
      George A. McLaughlin, Charles B. Blair and Franklin L>. Peale for appellant.
    
      John Aitken for respondent.
    
      Andrew J. Skinner for Old Colony Realty Corporation, assignee.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., O’Brien, Edward T. Bartlett, Haight, Yann, Willard Bartlett and Chase, JJ.  