
    WILLIAM C. DICKEL, Appellant, v. THE MAYOR, Etc., Respondent.
    
      Armory and chill room — request for — what sufficient.
    
    Appeal from a judgment in favor of tbe defendant, entered upon a verdict directed by the court.
    The plaintiff claimed to recover rent which became due under a lease, which was executed by virtue of a resolution of the board of supervisors, and by the terms of which, the premises described, were hired for an armory and drill rooms. It did not appear that any demand, application -or request was made for the rooms except that contained in a letter from Major-General Shaler, which did not particularize any troops or regiment. The General Term held, that this request was not a compliance with the provisions of the one hundred and twentieth section of the military code (Laws of 1870, p. 248), and the lease was, therefore, made without authority, as was shown in the cases of Fallon v. The Mayor, and Ford v. The Mayor (reported in 11 S. O. [4 Hun], at pp. 583, 587).
    
      John A Godfrey, for appellant. William G. Whitney, for respondent.
   Opinion by

Brady, J.

Davis, P. J., and Daniels, J., concurred.

Judgment affirmed, with costs.  