
    William T. Middleton, Appellant, v. Daniel Farrell, Respondent.
    
      Middleton v. Farrell, 110 App. Div. 889, affirmed.
    (Submitted October 23, 1906;
    decided November 13, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 21, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover an amount alleged to be due under the terms of a written contract for the purchase and sale of real property.
    
      Joseph P: Osborne and William II Osborne for appellant.
    
      Austin E. Pressinger and Richard S. Newcombe for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Werner, Willard Bartlett, Hiscock and Chase, JJ. Absent: Gray, J.  