
    James, Appellee, v. Cities Service Oil Co., Appellant.
    (No. 28930
    Decided July 22, 1942.)
    
      Mr. John Buffalo, for appellee.
    
      Messrs. Manchester, Ford, Bennett & Powers and .Messrs. Cull é Fuller, for appellant.
   It appearing that the judges of this court a,re equally •divided in opinion as to the merits of this case, one of the judges not participating, and are unable for that reason to agree upon judgment, the entry of this fact •constitutes an affirmance of the judgment of the Court •of Appeals.

Judgment affirmed.

Weygandt, C. J., Williams and Hart, JJ., concur.

Bettman, J., not participating.  