The facts in this case are fully stated in the decision of the Court of Appeals. Judge (now Justice) Harry C. Martin participated in the decision of this case as a member of the Court of Appeals and therefore took no part in the consideration or deci *268 sion of the appeal before this Court. The remaining members of this Court were equally divided, three members voting to affirm the decision of the Court of Appeals and three members voting to reverse. Therefore the decision of the Court of Appeals is left undisturbed as the law of the case but stands without precedential value.

Affirmed.