Opinion
No. 32024
Decided November 1, 1950.
Supreme Court — Affirmance — Judges equally divided — Action on account against buyer for goods manufactured by seller — Buyer instructed seller not to deliver goods manufactured on order — Remedies — Action on account, or for breach of contract — Sales — Title passes, when — Verdict and judgment for seller.
APPEAL from the Court of Appeals for Summit county.
Messrs. Buckingham, Doolittle Burroughs and Mr. Wm. T. Walker, for appellee.
Messrs. Harris, Sacks Subrin and Mr. Samuel Goldman, for appellant.
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, that judgment is hereby affirmed.
Judgment affirmed.
WEYGANDT, C.J., MATTHIAS and ZIMMERMAN, JJ., concur.
FAUGHT, J., not participating.