We are of opinion, and so hold, that this case is governed by Ballinger v. Thomas, 195 N. C., 517, and that the judgment of involuntary nonsuit was properly entered.
Affirmed.
(Filed 20 September, 1939.)
Appeal by plaintiff from judgment of involuntary nonsuit by Thompson, J., at April Term, 1939, of Edgecombe.
Fountain & Fountain for plaintiff, appellant.
Henry C. Bourne and B. Brookes Peters, Jr., for defendant, appellee.
We are of opinion, and so hold, that this case is governed by Ballinger v. Thomas, 195 N. C., 517, and that the judgment of involuntary nonsuit was properly entered.
Affirmed.