(dissenting in part). I would affirm the judgment in its entirety.
I would not allow counsel fees, for the reasons stated in my dissenting opinion in State v. Otis Elevator Co., 12 N. J. 1, and the dissenting opinion delivered by Mr. Justice Jacobs in this case.
For modification — Chief Justice Vandebbilt, and Justices Oliphant, Wachehfeld and Burling — 4. For affirmance — Justices Heher, Jacobs and Brennan —3.