James Matarese, Appellee, v. Jesse B. Benedict, Appellant.

Gen. No. 45,136.

Heard in the first division, first district, this court at" the April term, 1950.

Thomas D. Ahern, for appellant; Lochtan & Wolfe, for appellee; Bernard B. Wolfe, of counsel.

Opinion filed October 9, 1950

released for publication November 17, 1950.