¶1 Tbe defendant contends be bas complied witb tbe terms and conditions upon wbicb tbe original judgment was suspended, and tbat bis contention is supported by tbe finding of tbe court to tbe effect tbat be paid tbe costs of tbe action and contributed to tbe support of bis wife and cbildren all sums received by bim from tbe Veterans Administration since tbe suspension of tbe judgment.
¶2 Undoubtedly the court intended to require the defendant to contribute to the support of bis wife and children each month, during the period of suspension, a sum equal to that be was then receiving from the Veterans Administration on account of bis dependents, but unfortunately the conditions upon which the judgment was suspended were not so stipulated. We think the contention of the defendant must be upheld. This seems to be a case where the defendant wins in this particular round on a “technical knockout.” S. v. Miller, 225 N.C. 213, 34 S.E. 2d 143.
¶3 Let tbe judgment be vacated.
¶4 Judgment vacated.