172 N.E. 306
No. 21787Supreme Court of Ohio.
Decided November 27, 1929.
Supreme Court — Affirmances — Judges equally divided.
ERROR to the Court of Appeals of Putnam county.
Messrs. Payer, Minshall, Karch Kerr, and Mr. Lewis D. Houck, for plaintiff in error.
Messrs. Cable Cable and Mr. J.P. Leasure, for defendant in error.
It appearing that the Judges of the Court are equally divided in opinion as to the merits of the case, one of the Judges not participating, and are unable for that reason to agree upon a judgment, the entry of this fact constitutes an affirmance of the judgment of the Court of Appeals.
Judgment affirmed.
KINKADE, ROBINSON and JONES, JJ., concur.
MATTHIAS, J., not participating.
Page 621