People v. BROWN BROS. EQUIPMENT CO.

The pertinent facts of this case parallel those of People v. Ward (1961), 364 Mich 671. Our decision in that case would be dispositive of this but for the fact that decision in Ward was by equal division of a bobtailed* Court. In view of that fact and of the recent changes in our personnel, leave was granted in this case of Brown Brothers to resolve authoritatively the legal dispute which divided this Court in Ward.

Mr. Justice Kelly, having reviewed the opinion submitted by Mr. Chief Justice Dethmers in Ward, now subscribes (having abstained from participation in the Ward decision) to the…