¶1 This is the same case that was here at the Fall Term, 1940, on plaintiff’s appeal from a judgment of nonsuit, reported in 218 N. C., 157, 10 S. E. (2d), 668.
¶2*862 In the present trial, which was limited to issues arising on plaintiff’s allegations of breach of warranty, there seems to be no substantial departure from the rules of procedure, as plaintiff alleges. The verdict and judgment will be upheld.
¶3 No error.