
    Hillsborough, )
    June 27, 1929. )
    Walter E. Kittredge & a v. Michael Bartis & a.
    
    
      Walter E. Kittredge, William, H. Barry and Frederic J. Gaffney (Mr. Gaffney orally), pro sese.
    
    
      Alvin A. Lucier and Karl E. Dowd (Mr. Lucier orally), for the defendants.
   Per Curiam.

The evidence was conflicting as to the claimed estoppel to set up the additional defence. Whether the delay was such as to make it inequitable to permit the defendants to file a belated answer, was for the trial justice to determine. Brown v. Fitzgerald, 70 N. H. 211.

Exception overruled.  