
    The Wait & Bartlett Manufacturing Company, Appellant, v. William J. Morton, Respondent.
    Appeal from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, sixth district, borough of Manhattan.
    Eohinson & Eobinson, for appellant.
    Theall & Beam, for respondent.
   Per Curiam.

The judgment shows that the learned justice believed the defendant’s evidence that there had not been an account stated. As the record fails to disclose that he was in error in doing so, the judgment is affirmed, with costs.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment affirmed, with costs.  