Daniel P. O’Neill, Appellant, v. Leo M. Sage, Administrator of Estate of Thomas Walsh, Deceased, Ap-pellee.

Gen. No. 44,057.

opinion filed December 30, 1947;

rehearing denied January 21, 1948;

released for publication January 28, 1948.

Francis T. Delaney, for appellant; Clausen, Hirsh & Miller, for appellee.

Opinion by

Justice Scanlan.

Not to be published in full.