Majority
p. 1157Fourth Department, December, 1950. (December 28, 1950.) P. D. Lynch, Appellant, v. Vermillion Oil Company, Respondent.
Judgment and order affirmed, with costs. All concur. (Appeal from a judgment and order dismissing the complaint under rule 107 of the Rules of Civil Practice.) Present — Taylor, P. J., McCurn, Love, Kimball and Piper, JJ.