
    WAIT & BARTLETT MFG. CO., Appellant, v. MORTON, Respondent.
    (Supreme Court, Appellate Term.
    January 2, 1901.)
    Action by the Wait & Bartlett Manufacturing Company against William J. Morton. From a judgment for defendant, plaintiff appeals.
    Affirmed.
    Robinson & Robinson, for appellant.
    Theall & Beam, for respondent.
   PER CURIAM.

The judgment shows that the learned justice believed the defendant’s evidence that there had not been an account stated. As the record fails to disclose that he was in error in doing so, the judgment is affirmed, with costs.  