Trager

This is a petition for leave to appeal late under Gr. L. c. 214, § 28 (as amended through St. 1960, c. 207, *651§ 2). The petitioner is the plaintiff in a suit in equity in the Superior Court in which the respondents Celia Schwartz, Ely Trager, John Trager, and Northeastern-Maiden Barrel Co., Inc. are the defendants. The petition was heard upon statements of counsel by a single justice, who ordered the entry of a decree allowing the petition. The respondent John Trager appealed.

The facts appear in the findings of the single justice. The equity case was heard by a judge, who ceased its…