
    Robert G. Scott et al., Respondents, v. Seneca River Power Company, Appellant.
    
      Scott v. Seneca River Power Co., 167 App. Div. 951, affirmed.
    (Argued November 20, 1917;
    decided December 4, 1917.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 15, 1915, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to recover a balance claimed to be due for labor performed and materials furnished to the defendant by the plaintiffs under .a certain contract or agreement to perform work and furnish materials in the construction of a substructure for an electric power plant, and also to recover for the rental value of certain electric equipment claimed to have been furnished by the plaintiffs to the defendant and used upon such construction work. The answer of the defendant denied that the plaintiffs performed the contract in accordance with its terms, and denied that plaintiffs furnished the labor and materials claimed to have been furnished, and alleged that the defendant had paid in full before the commencement of the action for all work performed and materials furnished. The answer contained also two counterclaims, the first being for damages for failure to carry out the terms of the contract, and for moneys expended by the defendant in completing the work and furnishing materials, and the second being for rental and damages to certain equipment furnished by defendant for use on the work.
    
      William F. Canough for appellant.
    
      Stewart F. Hancock and James R. Shea for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Cuddeback, Pound, M cLaughlin and Andrews, JJ. Not sitting: Hogan, J.  