#### LOWE’S CHARLOTTE HARDWARE, INC. v. KENNETH P. FORESTER, JR., and wife, BARBARA B. FORESTER

No. 7326SC39

(Filed 25 April 1973)

Appeal by defendants from orders entered by McLean, Judge, on 26 May and 16 June. 1972 in Mecklenburg Superior Court.

McElwee & Hall by T. V. Adams, and Eric Davis attorneys for plaintiff appellee.

Parker Whedon for defendant appellants.

VAUGHN, Judge.

In all material respects, the facts in this case are identical to those in No. 7326SC38, Lowe’s Charlotte Hardware, Inc. v. Arthur L. Howard and wife, Beverly W. Howard. An opinion in that case has been filed this day.

The order from which defendant appealed is affirmed.

Affirmed.

Judges Brock and Hedrick concur.