Opinion
No. 23947
Decided October 25, 1933.
Supreme Court — Affirmances — Judges equally divided.
ERROR to the Court of Appeals of Cuyahoga county.
Messrs. Bernsteen Bernsteen and Mr. J.E. Mathews, for plaintiff in error.
Messrs. Tolles, Hogsett Ginn, Mr. W.T. Kinder and Mr. Thomas O. Nevison, for defendant in error.
It appearing that the judges of the court are equally divided in opinion as to the merits of this case (one judge not participating) 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.
JONES, MATTHIAS and ZIMMERMAN, JJ., concur.
WEYGANDT, C.J., not participating.