Opinion
No. 29,341.
Filed October 3, 1955. Rehearing denied November 29, 1955.
This appeal involved substantially the same matters as that of Rhodes et al. v. Shirley et al., ante, and is affirmed upon authority of that case. Transferred from the Appellate Court No. 18551, pursuant to Sec. 4-215, Burns' 1946 Replacement. Superseding opinion of the Appellate Court, reported in 124 N.E.2d 869.
Russell Wise, of Union City, and John A. Resler, of Portland, for appellants.
Wm. A. Gutheil and Zane E. Stohler, of Winchester, for appellees.
Since the same question is involved in this case as in the case of Rhodes v. Shirley, the judgment herein is affirmed.
Arterburn, Bobbitt and Landis, JJ., concur.
Emmert, C.J., concurs in result.
NOTE. — Reported in 129 N.E.2d 65.