Gardner v. McDonald

Pee Cueiam.

One member of the Court, Schenck, J., not sitting, and the remaining six being evenly divided in opinion as to the correctness of the ruling of the court below, the judgment of the Superior Court stands affirmed as the disposition of this appeal, without becoming a precedent, accordant with the usual practice in such eases. Howard v. Coach Co., 216 N. C., 799, 4 S. E. (2d), 449; Elmore v. General Amusements, 221 N. C., 535, 19 S. E. (2d), 5.

Affirmed.