Judgment and order reversed on the law and a new trial granted, with costs to abide the event. We think the trial justice was in error in ruling as a matter of law that plaintiff was discharged from his employment. In our opinion this question was for the determination of the jury upon the letter of January *8615, 1923, and tbe surrounding circumstances disclosed upon tbe trial.
Kelly, P. J., Ricb, Jaycox and Young, JJ., concur; Kelby, J., dissents.