WESTCOTT v. FIDELITY AND DEPOSIT CO. OF MARYLAND

PER CURIAM:

This case was before this court upon a former appeal from a judgment in favor of the plaintiff ( 87 App. Div. 497). Upon the new trial the same facts were presented and the court below followed the decision of this court in directing a verdict for the plaintiff for the sum of $2,348.87, with interest. The plaintiff having, therefore, recovered a judgment for the damages that he has sustained by the breach of the contract to secure the performance of which this bond was given, he was not entitled to a further recovery. It follows that the judgment appealed from must be affirmed, with costs.