
    DE LA VERGNE REFRIGERATING MACH. CO. v. GERMAN SAVINGS INST. et al.
    (Circuit Court of Appeals, Eighth Circuit.
    January 31, 1898.)
    No. 974.
    In Error to the Circuit Court of the United States for the Eastern District of Missouri:
    ' Charles' H. Aldrich and Frederick W. Lehmann (W. F. Boyle and H. S. Priest, on the brief), for plaintiff in error. B. Schnurmacher (Leo Rassieur, on the brief), for defendants in error.
    See 17 C. C. A. 34, 70-Fed. 143.-
    Before SANBORN and THAYER, Circuit Judges.
   PER CURIAM.

The judges are divided in opinion upon the question whether or not the contract which is the basis of this action was ultra vires the De La Vergne Refrigerating Machine Company, and are of opinion that the. other questions presented should be determined in favor of the defendants in error. The judgment below is therefore affirmed by a divided court  