(Filed 28 April, 1954.)
Appeal and Error § 43—
Where the Supreme Court is evenly divided in opinion as to the points raised as grounds for rehearing, one Justice not sitting, the petition will be denied.
ON petition to rebear case on appeal, and reconsider opinion reported in 238 N.C. 680, 79 S.E. 2d 167.
A. A. Bunn, Kittrell Kittrell, Perry & Kittrell, E. S. DeLaney, Jr., Charles F. Bouse, and A. Y. Arledge for plaintiff appellant.
Murray Allen, B. P. Upchurch, Gholson & Gholson, and William T. Joyner for defendants appellees.
Pee Ctoiam.
Tbe Court, one member, Parker, J., not sitting, being evenly divided in opinion as to points raised as grounds for rebearing, tbe opinion reported as above shown will stand as written, in accordance with tbe usual practice in such cases, and tbe petition will be, and it is hereby
Denied.