This case was considered by the Court upon a former appeal, which is reported in 192 N. 0., p. 597. This decision becomes *809 tbe law of tbe case so far as tbe subsequent trial is concerned. Nobles v. Davenport, 185 N. C., 162; Mfg. Co. v. Hodgins, 192 N. C., 577.

After a careful examination of tbe record and briefs of counsel for tbe parties, tbe court is of tbe opinion that no error of law was committed upon tbe trial, and tbe judgment of tbe trial court is upheld.

No error.