
    Alfred L. Smith, Respondent, v. Max Miller et al., Defendants, and Murtha and Schmohl Company, Appellant.
    (Argued October 12, 1911;
    decided January 23, 1912.)
    
      Smith v. Miller, 138 App. Div. 909, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1910, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover on contract.
    
      Alexander Pfeiffer, Samuel Levy and Reuben Rodecker for appellant.
    
      Mark Ash and Max J. Kohler for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Vann, Werner, Willard Bartlett, Hisoock, Chase and Collin, JJ.  