The evidence in this case invokes the application of the principles of law discussed and decided by this Court in Lippard v. Johnson, 215 N. C., 384, 1 S. E. (2d), 889; see also Mauney v. Luzier's, Inc., 215 N. C., 673, 2 S. E. (2d), 888, and Sweeney v. Erving, 228 U. S., 233, 57 L. Ed., 815. The plaintiff has failed to make out a case for the jury.

The judgment below is

Affirmed.