
    Fernando G. Chiapparelli, Respondent, v. Baker, Kellogg & Company, Inc., Appellant.
   Judgment affirmed, with costs. No opinion. Present — Dowling, P. J. Finch, McAvoy, Martin and O’Malley, JJ.; Finch, J., dissents and votes for reversal and dismissal of the complaint on the ground that plaintiff is suing on a contract which never came into being.  