#### BOARD OF COMMISSIONERS OF CUMBERLAND COUNTY v. R. S. DICKSON & CO., and STRANAHAN, HARRIS & OATIS.

(Filed 21 October, 1925.)

Appeal and Error — Rules of Court — Briefs—judgments.

Where tbe appellant bas not filed a brief in tbe Supreme Court, under tbe rule tbe judgment appealed from will be affirmed on appellee’s motion, if upon examination of tbe record proper no error appears.

Appeal by defendant from Sinclair, JSeptember, 1925, at chambers, from CUMBERLAND.

Controversy' without action, submitted on an agreed statement of facts, verified by J. T. Martin, chairman of tbe Board of Commissioners of Cumberland County, and John. S. Harris, Yice-President of Stranahan, Harris & Oatis, Inc.

Tbe proceeding is to determine tbe validity of certain school bonds and tbe binding effect of a joint bid made therefor by tbe defendants.

Tbe case is brought to us for review from a judgment declaring tbe bonds to be valid and adjudging that “tbe defendant herein, tbe purchaser1 of said bonds, be, and it is hereby required to complete tbe purchase of said bonds in conformity with its contract.”

*331 Dye & Ciarle for plaintiff.

-No counsel for defendant. '

Stacy, C. J.

As the appellant has filed no brief in this Court, and no error is made to appear from an examination of the record proper, we must affirm the judgment on motion of appellee. Mfg. Co. v. Simmons, 97 N. C., 89; Smith v. Mfg. Co., 151 N. C., 260; Jones v. R. R., 153 N. C., 419; Davis v. Wall, 142 N. C., 450.

Affirmed.