
    Kahn, Appellant, vs. Malaney, Respondent.
    
      February 10
    
    May 3, 1921.
    
    
      Appeal and error: Equal division of court.
    
    Where the justices of the supreme court are equally divided in opinion on the question involved on an appeal, the judgment appealed from will be affirmed.
    Appeal from a judgment of the superior court of Dane county: August C. Hoppmann, -Judge.
    
      Affirmed.
    
    Action to recover the balance claimed to be due upon the purchase price of one fur coat sold by plaintiff to defendant. The defense was that the coat delivered was not such a coat as had been contracted for.. Trial before the court and jury resulted in judgment for the defendant dismissing the complaint. From this judgment plaintiff appeals.
    
      R. F. Duckert of Madison, for the appellant.
    For the respondent the cause was submitted on the brief of Elmore T. Elver of Madison.
   The following opinion was filed March 8, 1921:

Jones, J.

The court is equally divided in opinion upon the question involved on this appeal. Mr. Justice Vinje, Mr. Justice Rosenberry, and Mr. Justice Eschweiler are of the opinion that the judgment appealed from should be reversed. Mr. Chief Justice Siebecker, Mr. Justice Owen, and the writer are of the opinion that the judgment should be affirmed. Under the established rule it follows that the judgment appealed from must be affirmed. Application of Gruhl Sash & Door Co. 173 Wis. 215, 180 N. W. 845.

By the Court. — Judgment affirmed.

A motion for a rehearing was denied, without costs, on May 3, 1921.  