#### WILMINGTON CAPE FEAR CORPORATION v. CAPE FEAR HOTEL COMPANY, Incorporated, W. R. BARRINGER and L. S. BARRINGER.

(Filed 28 October, 1931.)

Appeal and Error J d — Where Supreme Court is divided the judgment of the lower court will he affirmed.

Upon an even division of opinion of the Supreme Court on appeal, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.

Appeal by defendants from Midyetle, J., at May Term, 1931, of New IIaNOver.

Affirmed.

K. 0. Burgwin and Carr, Poisson & James for plaintiff.

Bose & Lyon for defendants.

Per Curiam.

Justice Clarkson not sitting and the other Justices being evenly divided in opinion, the judgment of the Superior Court is affirmed without becoming a precedent.

Affirmed.