We hold that the court properly dismissed the third cause of action. Although appellants attempt to distinguish their case from Henson v. Thomas, 231 N.C. 173, 56 S.E. 2d 432 (1949), we think the legal principles1 in the cases are the same and that the majority opinion in Henson is controlling here. For that reason, the judgment appealed from is
Affirmed.
Chief Judge Mallard and Judge Brock concur.