Opinion
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 rehear 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. Rouse, and A. Y. Arledge for plaintiff appellant.
Murray Allen, R. P. Upchurch, Gholson Gholson, and William T. Joyner for defendants appellees.
The Court, one member, Parker, J., not sitting, being evenly divided in opinion as to points raised as grounds for rehearing, the opinion reported as above shown will stand as written, in accordance with the usual practice in such cases, and the petition will be, and it is hereby
Denied.