163 N.E. 304
No. 20857Supreme Court of Ohio.
Decided April 4, 1928.
Supreme Court — Affirmances — Judges equally divided — Limitation of actions — Action for fraud or for breach of duty — Section 11224, General Code — Officers and employees of one corporation and principal stockholders in another corporation — Pay exorbitant prices for work and material furnished former by latter.
ERROR to the Court of Appeals of Cuyahoga county.
Mr. Charles S. Wachner and Messrs. Niman Buss, for plaintiff in error.
Messrs. Day Day and Mr. Donald W. Kling, for defendants in error.
It is ordered and adjudged by this Court, that the judgment of said Court of Appeals be and the same is hereby affirmed; one of the judges of this court not participating in the consideration and decision of this case and the other members of the court being equally divided in opinion as to the merits of the case and are unable for that reason to agree upon a judgment, the judgment of the Court of Appeals is hereby affirmed.
Judgment affirmed.
ROBINSON, JONES and MATTHIAS, JJ., concur.
DAY, J., not participating.
Page 646