Appeal and error — decision by equally divided court.
PER CURIAM.
Due to the absence of Associate Justice Leroy E. Matson because of illness on the date set for hearing of this appeal, the case was heard by six of the justices of this court, and they being equally divided as to the issues presented on appeal, the judgment of the lower court is affirmed without opinion.
Armstrong v. City of Rochester, 211 Minn. 613, 299 N.W. 683; 1 Dunnell, Dig. (3 ed.) § 290, and cases cited therein.
Affirmed.
MR. JUSTICE LOEVINGER, not having been a member of the court at the time of the argument and submission, took no part in the consideration or decision of this case.