
    Theodore E. Tack, Appellant, v. Thomas F. Fitzsimmons and United Gas Machinery Company, Respondents, Impleaded with United States Mortgage and Trust Company.
   Judgment affirmed, with costs, with leave to plaintiff to serve amended complaint on payment of costs in this court and in the court below. No opinion. (Ingraham, P. J., and Dowling, J., dissented.)  