Majority
p. 1085Raymond F. Healy, Respondent, v. Edmond Hourigan et al., Appellants.
Ho opinion. Carswell, Sneed, Wenzel and MacCrate, JJ., concur; Holán, P. J., dissents and votes to reverse the order, to deny the motion for summary judgment, and to vacate the judgment, on the ground that issues of fact are presented, and such issues should not be determined on affidavits.