
    Robert Mignery, Appellant, v. William Gabriel, Respondent.
    Argued October 8, 1957;
    decided December 6, 1957.
    
      
      Robert E. Fischer for appellant.
    
      Paul C. Gouldin for respondent.
   Judgment affirmed; no opinion.

Concur: Judges Desmond, Dye, Fuld, Van Voorhis and Burke. Chief Judge Conway and Judge Froessel dissent and vote to reverse and to grant a new trial upon the ground that a question of fact was presented which required submission to a jury.  