Supreme Court — Affirmances — Judges equally divided.
It appearing that the judges of the court are equally divided in opinion as to the merits of this case (the court now being constituted of but six judges) 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 the defendants in error recover from plaintiff in error their costs herein expended.
Judgment affirmed.
WEVGANDT, C.J., DAY and JONES, JJ., concur.