(Filed 11 May, 1921.)
Appeal by defendant from Harding, J., at March Term, 1921, of MeokxeNbueg.
Controversy without action, heard upon an agreed statement of facts, substantially the same as those in the case of The Stephens Go. v. Myers Park Homes Go., just decided.
Judgment in favor of plaintiff. Defendant appealed.
H. G. Dockery and G. TI. Dover for plaintiff.
Clarkson, Taliaferro & Clarkson for defendant.
The pertinent and controlling facts in the instant case are substantially the same as those in Stephens Co. v. Myers Park Homes Co., and for the reasons assigned in that opinion, just rendered— the two cases being governed by the same principles — -it follows that his Honor below was correct in awarding judgment in favor of the plaintiff.
Affirmed.