Majority
Judgment affirmed, with costs.
This is an action for labor and materials furnished by the plaintiff to the defendant upon a dwelling house of the latter under a special contract with him. There is also in the complaint a claim for damages resulting from the wrongful discharge of the plaintiff by the defendant. The c.ause was tried before a referee to hear and determine, and. he decided as a conclusion of law that the plaintiff was entitled to recover from the defendant $3,573.93, besides the costs of the action. The referee found facts in detail which support the decision, and all the findings are fully sustained by the evidence. The defendant has appealed from the judgment entered upon the report of the reteree, but the appeal is destitute of merit. There has been no violation of any principle of law, and an extended examination of the facts is unnecessary. The judgment should be affirmed, with costs.
Brown, P. J., and Cullen, J., concurred.