Wachovia Mortgage Co. v. Autry-Barker-Spurrier Real Estate, Inc.
256 S.E.2d 688
N.C.
1979
Check Treatment
PER CURIAM.

Due to absence on account of illness, Justice Brock did not participate in the decision of this case. The remaining six justices are equally divided as to whether the trial court erred in granting plaintiffs motion for summary judgment with respect to the third defense and counterclaim pleaded by defendant Klutts Realty. Therefore, the decision of the Court of Appeals is affirmed without precedential value in accordance with the usual practice in this situation. See, e.g., Townsend v. Railway Company, 296 N.C. 246, 249 S.E. 2d 801 (1978), and cases cited therein.

Affirmed.

Justice BROCK did not participate in the consideration or decision of this case.