
    WILSON, Respondent, v. BAKER, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    June 4, 1909.)
    Action by James Wilson against Minnie Baker.
   PER CURIAM.

Judgment and order of the Municipal Court reversed, and new trial, ordered, costs to abide the event, on the ground that the plaintiff was not the procuring cause of the sale.

HIRSCHBURG, P. J., dissents, on the ground that the evidence clearly establishes the fact that the plaintiff was employed to sell the property, and by a fair preponderance that he did procure the purchaser to whom it was sold.  