The conclusion arrived at by the learned judge of the court below was fatal to the plaintiff’s contention and justly resulted in a dismissal of the bill. A sufficient condemnation of the plaintiff’s claim appears in Leaming et al. v. Wise et al., 73 Pa. 173, and in Avondale Marble Co. v. Wiggins, 12 Pa. Superior Ct. 577.

Judgment affirmed.