The Court being evenly divided in opinion, one of the members, the Ghief Justice, not sitting, the judgment of the Superior Court is affirmed and stands as the decision of this action, without becoming a precedent. Gooch v. Western Union Tel. Co., 196 N. C., 823; Tarboro v. Johnson, 196 N. C., 824; Parsons v. Board of Education, 200 N. C., 88; Durham v. Lloyd, 200 N. C., 803.

Affirmed.