Opinion
Argued May 16, 1912
Decided June 4, 1912
Edward W.S. Johnston for appellant.
Harold Swain and Henry L. Moses for respondent.
Judgment modified by striking out the words "on the merits," and as modified affirmed, without costs in this court; no opinion.
Concur: CULLEN, Ch. J., HAIGHT, WERNER, WILLARD BARTLETT, HISCOCK, CHASE and COLLIN, JJ.