
    William E. Bingel, Respondent, v. Richard I. Johnson, Appellant.
   “ Order unanimously reversed, with costs, and motion denied. Memorandum: Issues of fact were presented that require a trial. (Appeal from order of Erie Special Term granting plaintiff’s motion to strike defendant’s answer and directing judgment in favor of plaintiff.) Present—• Bastow, J. P., Goldman, Henry, Del Vecchio and Marsh, JJ.  