49 Wn.2d 876, CROTON CHEMICAL CORPORATION, Appellant, v. BIRKENWALD, INC., Respondent

[No. 33654. En Banc.      Supreme Court      February 28, 1957.]

CROTON CHEMICAL CORPORATION, Appellant, v.
                     BIRKENWALD, INC., Respondent.1

[1] APPEAL AND ERROR - HEARING AND REHEARING - DIVIDED COURT. Where, one of the judges being absent, the remaining eight judges, sitting En Banc, are divided in their opinions and there is no majority for affirmance or reversal, the judgment of the lower court will stand affirmed.

Appeal from a judgment of the superior court for King county, No. 457120, Church, J., entered October 31, 1955, upon findings, dismissing an action on contract, tried to the court. Affirmed.

Alexander Wiley, for appellant.

Moriarty, Olson & Campbell, for respondent.

PER CURIAM. -

One of the judges of this court being incapacitated and absent on account of illness, this case was argued to the remaining eight judges sitting En Banc. These eight judges are divided in their opinions, and there is no majority either for affirmance or for reversal.

Therefore the judgment of the lower court stands affirmed.

April 19, 1957. Petition for rehearing granted.

1 Reported in 307 P. (2d) 881.

[1] See 131 A. L. R. 1011; 3 Am. Jur. 671.