¶1 One member of the Court, Barnhill, J., not sitting, and "the remaining six being evenly divided in opinion in respect of the correctness of the declaration of. the court below, the judgment of the Superior Court stands affirmed after the manner of the usual practice in such cases, and as the disposition of the appeal, without becoming a precedent. Smith v. Furniture Co., 221 N.C. 536, 19 S.E. 2d 17; Howard v. Coach Co., 216 N.C. 799, 4 S.E. 2d 499; Elmore v. General Amusements, 221 N.C. 535, 19 S.E. 2d 5; Gardner v. McDonald, 223 N.C. 854, 25 S.E. 2d 397.
¶2 Affirmed.