
    The City of Indianapolis, Appellee and Cross-Appellant, v. The Domhoff & Joyce Co., Appellant and Cross-Appellee, et al. 
    (No. 28701
    Decided June 3, 1942.)
    
      Messrs. Steer, Strauss & Adair and Messrs. Thomp
      
      son, O’Neal £ Smith, for appellee and cross-appellant, the city of Indianapolis.
    
      Messrs. Peck, Shaffer, Williams £ Gorman, for appellant and cross-appellee, The Domhoff & Joyce Company.
   It appearing that the judges of this court are 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., Turner and Williams, J J., concur.

Bettman, J., not participating.  