The record shows that at the January Term 1959 *463of the Superior Court of Cabarrus County, this action was tried by a judge and jury, and that the jury answered the issues as the jury did at the November Term 1959. The presiding judge at the January Term 1959, in his discretion, set the verdict aside.

Plaintiff’s assignments of error have been carefully considered, and all of them are overruled. There is nothing in the record before us to justify a new trial.

No error.