The opinion of the court was delivered by FREUND, J.A.D.
The plaintiff Henry J. Schnakenberg appeals from a summary judgment in favor of the defendant Gibraltar Savings and Loan Association, and in favor of the defendants Anton H. Sinnigen and Susanna Sinnigen, his wife, on the first, third and fourth counts of the complaint, entered on defendants' motions for dismissal before answer filed, on the ground that the complaint failed to set forth a cause of action.
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