156 N.E. 214
No. 19005Supreme Court of Ohio.
Decided November 16, 1926.
Supreme Court — Affirmances — Judges equally divided in opinion.
ERROR to the Court of Appeals of Cuyahoga county.
Mr. G.Z. Weintraub, and Mr. Frank A. Green, for plaintiff in error.
Messrs. Tolles, Hogsett, Ginn Morley, Mr. W.T. Kinder, an Mr. J.W. Reavis, 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.
MATTHIAS, DAY and KINKADE, JJ., concur.
JONES, J., not participating.
Page 732
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