This ease was here at Fall Term, 1948, and is reported in 229 N.C. 529, 50 S.E. 2d 292, where the facts material to the decision are stated. The appeal in that ease was by the defendant from a judgment in favor of the plaintiff, the defendant assigning as error that the trial court overruled its motion for nonsuit and directed a verdict for the plaintiff. We found error and awarded a new trial. In writing the opinion Chief Justice Stacy stated the Court’s decision on the facts then appearing as follows: “The case turns on whether there was a conditional delivery of the policy for purposes of inspection, as contended by the defendant’s agent, or an absolute delivery upon acceptance of the applicant’s promise to pay balance of first premium out of the first government check thereafter received by him. Pender v. Ins. Co., 163 N.C. 98, 19 S.E. 293; Murphy v. Ins. Co., 167 N.C. 334, 83 S.E. 461; Underwood v. Ins. Co., 185 N.C. 538, 117 S.E. 790. As the evidence is conflicting on this central issue it should have been submitted to the jury for determination.”

On the second trial below, had pursuant to this opinion, the presiding judge allowed defendant’s motion for judgment of nonsuit and dismissed the action.

From an examination of the record we observe that substantially the same evidence was again offered on the determinative issue as that which had been presented on the first trial. Hence we are of opinion that the evidence should have been submitted to the jury under appropriate instructions as decided on the former appeal which constituted the law of the case on those facts. Pinnix v. Griffin, 221 N.C. 348, 20 S.E. 2d 366; Cheshire v. First Presbyterian Church, 222 N.C. 280, 22 S.E. 2d 566. True, the former appeal involved exception to a directed verdict in favor of plaintiff, while the present appeal is from judgment of nonsuit, but, on substantially the same evidence as that now presented, we held the conflicting testimony necessitated trial by jury.

The judgment of nonsuit is

Reversed.