
    DUNNIGAN, Appellant, v. KATHAN, Respondent.
    (Supreme Court, Appellate Division, Third Department.
    June 18, 1908.)
    Action by George A. Dunnigan against H. R. ICathan.
   PER CURIAM.

Judgment and order (106 N. Y. Supp. 1111) affirmed, with costs, upon the ground plaintiff has not performed all the conditions which are, by the terms of the contract, made precedent to the defendant’s liability.

KELLOGG, J., dissents.  