Opinion
No. 21624.
Decided July 24, 1967. Rehearing denied August 28, 1967.
Action by principal contractor against subcontractor for water damages to a university dormitory under construction. From granting of summary judgment in favor of principal contractor, error was brought.
Affirmed by Operation of Law.
1. JUDGMENT — Summary — Principal Contractor — Justices — Review — Division of Opinion — Affirmance — Operation of Law. Where trial court granted summary judgment in favor of principal contractor against subcontractor and participating justices of reviewing court were equally divided between affirmance and reversal, held, under such circumstances, judgment was affirmed by operation of law.
Error to the District Court of the City and County of Denver, Honorable Saul Pinchick, Judge.
Sheldon and Nordmark, Richard H. Glasman, for plaintiff in error.
Wood, Ris Hames, for defendant in error.
This is an action for water damages to a university dormitory under construction in Laramie, Wyoming. This dispute revolved around the question as to whether a mechanical joint in a certain water line constructed by sub-contractor Trautman Shreve was properly installed. The trial court decided the matter on summary judgment in favor of the principal contractor Mead Mount after certain interrogatories were answered and certain requests for admissions were not answered by the defendant under R.C.P. Colo. 36.
Following this matter being at issue in this court and oral argument thereon and consideration of a suggested opinion, the court, with Mr. Justice McWilliams not participating, was equally divided with Justices Sutton, Hodges and Kelley voting to affirm, and Chief Justice Moore, and Justices Day and Pringle voting to reverse.
The case is therefore affirmed by operation of law.