
    Jacob Schaffer, Appellant, v. Felix J. Gambetta, Respondent.
    Argued January 9, 1942;
    decided February 26, 1942.
    
      
      George Brody and Harold Weiss for appellant.
    
      John W. Bonney for respondent.
   Judgment affirmed, without costs. We do not consider whether the request to charge would have been correct if the case had been tried on a different theory. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.  