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MID-CONTINENT REFRIGERATOR COMPANY v. S. E. DAVENPORT

No. 18.

89 S.E.2d 153 (1955)

242 N.C. 603

MID-CONTINENT REFRIGERATOR COMPANY, a Corporation, v. S. E. DAVENPORT, trading as Lake Phelps Grocery.

Supreme Court of North Carolina.

September 21, 1955.

Attorney(s) appearing for the Case

W. L. Whitley, Plymouth, for plaintiff, appellant.

No counsel contra.

PER CURIAM.

Two members of the Court, WINBORNE and HIGGINS, JJ., not sitting, but with DEVIN, Emergency Justice, participating in lieu of WINBORNE, J., and the six sitting members being evenly divided in opinion whether prejudicial error has been shown, the judgment of the Superior Court is affirmed, without becoming a precedent. Allen v. Insurance Co., 211 N.C. 736, 190 S.E. 735.

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