#### HENRY SAWYER, Administrator of J. L. SAWYER, and CORA SAWYER, v. T. L. COX.

(Filed 9 November, 1938.)

Appeal and Error § 38—

When the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of the Superior Court will be affirmed without becoming a precedent.

Appeal by defendant from Burgwyn, Special Judge, at May Special Term, 1938, of RANDOLPH.

This was an action to recover damages for breach of contract for rental of a certain mill for grinding corn and other grains, and for amount due for board furnished.

*840From judgment that the plaintiff administrator recover nothing on the rental contract, and that the feme plaintiff recover of the defendant $175.00 on account of board furnished, the defendant appealed, assigning errors.

L. T. Hammond and J. A. Spence for plaintiff Cora Sawyer, appellee.

J. G. Prevette and Daniel L. Bell for defendant, appellant.

Per Curiam.

The Court being evenly divided in opinion, Stacy, O. J., not sitting, the judgment of the Superior Court is affirmed, as the disposition of this appeal, without becoming a precedent, in accord with the practice of the Court. Collins v. Ins. Co., 213 N. C., 800.

Affirmed.