Opinion by

The sole legal question raised by this appeal is discussed at length and decided in the case of Neuberg v. Bobowicz, 401 Pa. 146, 162 A. 2d 662.

The order of the court below, sustaining appellee’s preliminary objections to the second count of appellant’s complaint, is accordingly affirmed.

*192Dissenting Opinion by

I dissent from the decision of the Court in this case for the reasons set out at length in my Dissenting Opinion in the case of Neuberg v. Bobowicz, filed today, and reported in 401 Pa. 146, 162 A. 2d 662.