WILLIAMSPORT PLANING MILL CO., A CORPORATION IN LIQUIDATION, RELATOR-RESPONDENT, v. BOARD OF EDUCATION OF THE CITY OF PATERSON, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, A MUNICIPAL CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT

Per Curiam.

The conclusions reached by the Supremo Court are sound and the judgment should be affirmed. We think that the Board of Education, which was not a party to Williamsport Planing Mill Co. v. Maryland Casuatty Co., 129 N. J. L. 333, was not estopped by the last mentioned decision in the Supreme Court from arguing for a final acceptance but that the issue was nevertheless meritoriously decided adversely to the contention. The judgment appealed from is affirmed.

For affirmance — The Chancellor, Parker, Case, Donges, Porter, Dear, Wells, Raeeertv, Hague, Thompson. Dill, JJ. 11.

For reversal — Hetlee, Pbrskie, J,T. 2.