Opinion
No. 28701
Decided June 3, 1942.
Supreme Court — Affirmance — Judges equally divided — Section 2, Article IV, Constitution — Accord and satisfaction, fiduciary agent or del credere agent — Contract for exclusive right to sell — Manufacturer cashed certified check endorsed payment in full.
APPEAL from the Court of Appeals of Hamilton county.
Messrs. Steer, Strauss Adair and Messrs. Thompson, O'Neal Smith, for appellee and cross-appellant, the city of Indianapolis.
Messrs. Peck, Shaffer, Williams Gorman, for appellant and cross-appellee, The Domhoff Joyce Company.
It appearing that the judges of this court are equally divided in opinion as to the merits of this case, one of the judges not participating, and are unable for that reason to agree upon judgment, the entry of this fact constitutes an affirmance of the judgment of the Court of Appeals.
Judgment affirmed.
WEYGANDT, C.J., TURNER and WILLIAMS, JJ., concur.
BETTMAN, J., not participating.