
    Elsie B. Spaulding, Appellant, v. John P. Christakos et al., Individually and as Copartners Under the Name of French Pastry Shop, Respondents.
    Reargued May 28, 1946;
    decided June 13, 1946.
    
      
      William A. Mulvey and Allen J. IF cisman for appellant.
    
      John R. Schwartz and M. Glenn Folger for respondents.
   Judgment affirmed, with costs'; no opinion.

Concur; Loughran, Ch. J., Desmond, Teacher and Fuld, JJ.; Lewis, Conway and Dye, JJ., dissent upon the ground that the evidence presented questions of fact for the jury.  