
    Cornelius C. Vermeule, Respondent, v. City of Corning, Appellant.
    
      Contract — validity of contract entered into by board of public works employing engineer to prepare plans and specifications for sewer system and sewage disposal plant.
    
    
      Vermeule v. City of Corning, 186 App. Div. 206, affirmed.
    (Argued December 10, 1920;
    decided December 31, 1920.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 24, 1919, reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and directing judgment in favor of plaintiff. The complaint alleged that defendant, through its board of public works, had employed him to prepare plans and specifications for a sewer system .and sewage disposal plant agreeing to pay him for his services a certain percentage of the amount of the engineering estimate; that he furnished such plans and specifications and had received a portion of the agreed remuneration and demanded judgment for the balance. The answer set up as. a defense that the contract was illegal and void and set up a counterclaim for the amount paid plaintiff thereon.
    
      James 0. Sebring and Justin V. Purcell for appellant.
    
      Halsey Sayles for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  