
    Kane v. D’Orazio (et al., Appellant).
    
      January 7, 1955:
    Argued November 18, 1954.
    Before Steen, C. J., Steabne, Jones, Bell, Chidsex, Musmanno and AbNOLD, JJ.
    
      Henry T. Reath, with him Joseph M. Hartley, Jr., John B. Martin, J. Grant McCabe, III and Duane, Morris é Heckscher, for appellant.
    
      Abraham Levin, with him J. Myron Honigman and Herman Eisenberg, for appellee.
   Opinion

Pee Cueiam,

The fundamental issues in this case are factual. Since the findings are supported by the evidence and were confirmed by the court en banc, they are binding upon us. As a consequence, the legal question, which the appellant advances, is not germane to the present record. The opinion of the late President Judge Smith for the court below fully justifies that court’s findings and conclusions.

Decree affirmed at appellant’s costs.  