
    Robert S. Tomaso, Appellee, v. Fred Sestak, Appellant.
    Gen. No. 42,341.
    Heard in the third division, first district, this court at the October term, 1942;
    opinion filed February 2, 1944;
    rehearing denied March 3, 1944.
    Rider & Thuma and Chester D. Kern, for appellant; Elliodor M. Libonati, for appellee; Abraham Miller, of counsel; Samuel Nicosia, amicus curiae.
    
   Opinion by

Justice Kiley.

Not to be published in full.  