When this case was before us on a former occasion (110 N. C., 353), we held in effect that, upon the *501 case agreed, the plaintiff was entitled to recover; but at the conclusion of the opinion it was stated that there should be a new trial. His Honor therefore was well warranted in ruling as he did.

Upon further consideration, we think that a new trial should not have been ordered, but that this Court should have directed that a judgment be entered for the plaintiff in the Court below.

Reversed.