There was no evidence at the trial o£ this action tending to support an affirmative answer to the third issue. The burden in this issue was on the defendants, and for that reason there is no error in the instruction of the court to the jury that they should answer the third issue, “None.”

Defendants’ assignment of error cannot.be sustained.

The court may always direct a verdict against the party who has the burden of proof, if there is no evidence in his favor, as where he fails to introduce any evidence, or if the evidence offered and taken to be true fails to make out a case. McIntosh, N. C. Prac. and Proc., p. 632.

No error.