Majority
p. 883Joseph Jurenka, Appellant, v. August Guydusek, Respondent.
Order denying motion to modify the grounds upon which the complaint was dismissed herein, and to add thereto “ for failure of proof but not upon the merits and without prejudice ” reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. No opinion. Kelly, P. J., Jay-cox, Manning, Young-and Kapper, JJ., concur.