
    Luebke, Respondent, vs. Danaher and wife, Appellants.
    
      April 2
    
    May 8, 1928.
    
    
      Appeal and-err or: Affirmance by divided court.
    
    Where the Justices of this court are equally divided in opinion upon the question involved in an appeal, the judgment appealed from will be affirmed.
    Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge.
    
      Affirmed.
    
    Action begun September 4, 1926; judgment entered July 14, 1927. Action for specific performance. Judgment in favor of the plaintiff, from which defendants appeal.
    For the appellants there was a brief by Roehr & Steinmetz of Milwaukee, and oral argument by Chris Steinmetz.
    
    
      H. H. Bodenstab of Milwaukee, for the respondent.
   Rosenberry, J.

Those participating in the decision of this case are equally divided in opinion as to whether the judgment should be affirmed or reversed. Under such circumstances the judgment must of necessity be affirmed in accordance with the rule.

By the Court. — Judgment affirmed.  