VAN DYKE v. GARDNER

Per Curiam.

Under the issues framed by the pleadings defendant could not show that the plaintiff was not the real party in interest, as he failed to allege the facts necessary to raise such an issue.

The mere legal conclusion "that plaintiff was not the real or proper party in interest" pleaded by him was not sufficient. No error being discovered, judgment affirmed, with costs.

Present: FITZSIMONS, CONLAN and SCHUCHMAN, JJ.

Judgment affirmed, with costs.