BOYLES, J.
Plaintiff Bania appeals from a judgment for defendant Kashmerick entered at the conclusion of a jury trial when the trial court granted the defendant's motion for a directed verdict. The case has been before us on a former appeal in Bania v. Kashmerick, 324 Mich. 596. There, the trial court had granted a motion by the defendant to dismiss the suit on the ground that a prior suit by one Melerski
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