
    Bert W. Parsons, Appellant, v. Cyrus C. Jones, Respondent.
   Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. The court erred in dismissing the complaint. Facts sufficient to constitute a cause of action were testified to by the plaintiff at the time the motion was granted. Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.  