#### BOYD SAMUELS v. D. W. BOWERS, t/a D. W. BOWERS LUMBER COMPANY.

(Filed 18 October, 1950.)

Appeal and Error § 43—

A petition to rebear will be dismissed where the members of the Supreme Court are equally divided in opinion, one Justice having died since the petition was filed.

PetitioN by defendant Bowers to rehear this case, reported ante, 149.

Hubert E. Olive and W. II. Steed for respondent.

Don A. Walser for petitioner.

Pee Cuiham.

Justice Sea-well having died since the petition to rehear was filed, and the remaining members of the Court being equally divided in opinion, the petition to rehear is dismissed. The case as reported will remain the law of the case but does not constitute a precedent.

Petition dismissed.