
    Lash, Appellant, v. Faulkner, Appellee.
    (No. 29416
    Decided June 9, 1943.)
    
      Mr. A. B. Mabee and Mr. Charles F. Schaber, for appellant.
    
      Mr. O. W. Kennedy, Mr. Paul C. Kennedy and Mr. Edward J. Myers, for appellee.
   It appearing that the judges of the court are equally divided in opinion as to the merits of this case and are for that reason unable to agree upon a judgment, and the entry of that fact constituting an affirmance of the judgment of the Court of Appeals, it is ordered that said judgment be affirmed.

Judgment affirmed.

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

Matthias, Bell and Turner, JJ., dissent.

Williams, J., not participating.  