
    McElwain, Appellant, v. Myers.
    
      Argued March 21, 1951.
    Before Drew, C. J., Stern, Stearne, Jones, Bell, Ladner and Chidsey, JJ.
    
      
      Samuel J. Feigus, with him Wade K. Newell, for appellant.
    
      William B. Parshall, with him Henderson, Parshall & Crow, for appellee.
    May 23,1951:
   Opinion

Per Curiam,

A majority of the members of this Court who heard this case are of the opinion that the learned court below was correct in refusing to take off the nonsuit. The judgment is therefore affirmed on the opinion of President Judge Care for the court en banc.

Judgment affirmed.  