In view of the decision of this court when the case was first before it (Postal Telegraph-Cable Co. v. Moss, 5 Ga. App. 503, 63 S. E. 590), the trial judge did not err in directing a verdict for the defendant. The amendment offered on the second trial did not materially . affect any feature of the case, and this case is fully within the principle of res judicata.

Judgment affirmed.