Per Curiam.
In this case Justice ClaeK did not sit, and the Court is evenly divided. According to the settled prac
[252] tice of appellate Courts in such cases, tbe judgment below stands, not as a precedent, but as tbe decision in this case. Puryear v. Lynch, 121 N. C., 255; Durham v. Railroad, 113 N. C., 240, and cases there cited.
Affirmed.

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