
    Ernest B. Morris et al., Respondents, v. John W. Gardner, Appellant.
    Argued February 28, 1940;
    decided March 15, 1940.
    
      H. E. Blodgett and Howard Murrin for appellant.
    
      Ernest B. Morris for respondents.
   Appeal dismissed unless within twenty days appellant files a stipulation for judgment absolute. The order of the Appellate Division is by necessary implication an order granting a new trial. No opinion.

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