#### Burch v. Elizabeth City Lumber Co.,

W. M. Bond, for plaintiff; Pruden & Fruden, Shepherd & Shepherd, for defendant.

from Chowan;

Furches, C. J.

The facts in this case are substantially the same as those in Monds v. Elizabeth City Co., at this term. The two cases were argued together and it was agreed by counsel that a decision in one case would decide the other. Therefore for the reasons given in Mond’s case, the judgment below in this case is affirmed.