
    William T. Laing, Respondent, v. Pelton Water Wheel Company, Appellant.
    
      Laing v. Pelton Water Wheel Go., 133 App. Div. 677, affirmed.
    (Argued March 81, 1909;
    decided April 27, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 26,1907, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee in an action to recover a balance alleged to be due on a contract of sale.
    
      Frederick E. Anderson for appellant.
    
      Benjamin N. Oardozo for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.  