
    Frederick W. White, Respondent, v. Clarence M. Busch, Appellant.
    
      Contract — action to recover amount alleged to be due under pooling agreement.
    
    
      White v. Busch, 220 App. Div. 829, affirmed.
    (Argued December 13, 1927;
    decided January 10, 1928.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1.927, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was to recover an amount alleged to be due and owing under a pooling agreement between two stockholders of a corporation whereby, it is alleged, they agreed to pool and divide pro rata, according to their investment, certain moneys due and owing to them.
    
      Isaac R. Oeland for appellant.
    
      John J. Cunneen for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  