#### HUTTON & BOURBONNAIS COMPANY v. WOOD HORTON, LARKIN HORTON, CHARLIE HORTON, and ROBERT WELCH.

(Filed 1 December, 1920.)

MotioN in tbe canse for judgment, according to tbe opinion of tbe Supreme Court, beard before Adams, J.; from Caldwell.

Tbe defendant tendered a judgment, wbicb tbe court refused to sign. From tbe judgment rendered tbe defendant appealed.

Gouncill & Yount and Marie Squires for plaintiff:

W. G. Newland and HaclceU & Qilreath for defendant.

Per, CueiaM.

Tbis cause was finally determined by tbis Court, Fall Term, 1919, and is reported 178 N. C., 548. Upon tbe coming down of tbe opinion, tbe defendant tendered a judgment, wbicb tbe court refused to sign. Tbe court rendered tbe following judgment:

Upon consideration of tbe certificate of tbe Supreme Court filed herein, it is therefore ordered that tbe former judgment be, and it is, affirmed, as to Wood Horton and Larkin Horton, and as to Charlie Horton and Robert Welch tbe action is dismissed. The said Charlie Horton and Robert Welch will recover their costs in tbe Superior Court.

W. J. Adams,

Judge Presiding.

We are of opinion that tbe judgment rendered by bis Honor is in strict conformity with tbe opinion of tbis Court.

Affirmed.