#### August Graffeo, also known as August Restivo, Ap-pellee, v. Edward F. O’Brien et al., Defendants. Appeal of Torch Club, Inc., Appellant.

Gen. No. 44,314.

opinion filed February 4, 1948;

released for publication February 20, 1948.

• Allen, Darlington & Elliott, for appellant; Glynn J. Elliott and John Y. Glinnin, of counsel; Mulcahy, Murphy and Dieringer, for appellee; William T. Murphy, Thomas L. Murphy and Henrty W. Dieringer, of counsel.

Opinion by

Justice Kiley.

Not to be published in full.