Harmsen v. Fizzell

This case was first submitted at the June, 1957, term of Court. On December 24, 1957, the- holding of the circuit judge was sustained by a 4-to-4 decision, Mr. Justice Sharpe writing for affirmance. The case is reported 351 Mich 86. Following the retirement of Justice Sharpe on December 31st last, a motion for a rehearing was granted by a divided Court and the cause has again been submitted at the present term on the briefs and appendices of counsel originally filed.

When the case was previously before us the issues of fact involved were thoroughly considered and discussed. In his opinion…