#### SLOAN & SWEENEY v. ETTA HART et al.

(Filed 12 October, 1910.)

Appeal and Error — Former Appeal.

The trial judge having followed the opinion in this--case reported 150 N. 0., 269, no error has been committed by him.

Appeal from Cooke, J., at tbe May Term, 1910, of New HaNOVEB.

Robert Ruark for plaintiffs.

E. K. Bryan and J. D. Bellamy for defendants.

Per Curiam.

This ease was before tbis Court at Spring Term, 1909, and is reported 150 N. C., 269. By the opinions then rendered certain matters were settled. It was settled tbat the defendants made a valid and binding contract of lease witb the plaintiffs, and tbat there bad been a breach of tbat contract, for which breach plaintiffs were entitled to recover damages; tbat the entire damages for the breach of the contract are to be recovered in tbis action; tbat the trial judge committed error in bis charge to the jury as to damages, and tbat the defendants were entitled to a new trial upon the issue as to damages.

Under our judgment tbe Superior Court bad no power to try any other issue except tbat relating to damage.

In tbe trial before Judge Cooke at May Term, 1910, tbe issue as to damage was again submitted to tbe jury. We find no reversible error and are of opinion tbat bis Honor carefully followed tbe rule of damage laid down in tbe opinion of tbis Court.

No error.