
    Charles T. Dunning, Respondent, v. The Elmore and Hamilton Contracting Company, Appellant, and the County of Orange et al., Respondents, Impleaded with Others.
    
      Dunning v. County of Orange, 139 App. Div. 249, affirmed.
    (Argued January 30, 1912;
    decided February 13, 1912.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 2, 1910, affirming a judgment in favor cf plaintiff entered upon a decision of the court on trial at Special Term in a taxpayer’s action to restrain an alleged waste of public funds and to have declared invalid a contract for the construction of a road.
    
      Edgar T. Brackett for appellant.
    
      Percy V. D. Gott for plaintiff, respondent.
    
      Joseph W. Gott for defendants, respondents.
   Judgment affirmed, with costs, on opinion of Burr, J., below.

Concur: Cullen, Oh. J., Cray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.  