
    John J. Falihee, Appellant, v. John Simmons Company, Respondent.
    
      Falihee v. Simmons Company, 131 App. Div. 898, affirmed.
    (Argued October 18, 1910;
    decided November 15, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 13, 1909,.affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for an alleged breach of contract.
    
      Claude V. Pallister and Francis C. Peed for appellant.
    
      J. Culbert Paimer.for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Cli. J., Gray, Haight, Vann, Werner and Chase, JJ.  