The petition for writ of certiorari reflected probable jurisdiction in this Court. After argument and upon further consideration, we have determined the writ was improvidently issued. The writ must be and is discharged and the petition is dismissed.

It is so ordered.

(dissenting) :

I respectfully dissent because in my opinion it was error to strike the defense of statute of limitations which would have barred the claim. The respondent-plaintiff had too little, entirely too late.