The judgment and findings of fact present the question as to whether the case at bar is to be determined by the principle applied in Slarkey v. Gardner, 194 N. C., 74, 138 S. E., 408, or McLeskey v. Heinlein, 200 N. C., 290, 156 S. E., 489.

The Court is of the opinion, and so adjudges, that Starkey v. Gardner, supra, is determinative, and the judgment as rendered is approved.

Affirmed.