Mr. Justice Burke not participating. Mr. Justice Francis E. Bouck, Mr. Justice Bakke and Mr. Justice Otto Bock are in favor of affirmance, whereas Mr. Chief Justice Hilliard, Mr. Justice Young and Mr. Justice Knous are in favor of reversal. The court being equally divided in opinion, the judgment stands affirmed by operation of law as provided by section 439 of the Code of Civil Procedure.