
    Herbert P. Brown, Respondent, v. Joseph J. Byers, Appellant.
    (Argued February 19, 1912;
    decided March 5, 1912.)
    
      Brown v. Byers, 137 App. Div. 935, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 5, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to rescind a contract on the ground of fraud.
    
      Arthur F. Hansl for appellant.
    
      Charles H. Tuttle, Julien T. Davies, Jr., and Harold C. MeCollom for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Hiscook and Collin, JJ.  