
    JAMES MULDOON, et al., Plaintiffs and Respondents, v. WILSON H. BLACKWELL, et al., Defendants and Appellants.
    Before Curtis, Ch. J., and Freedman, J.
    
      Decided December 1, 1879.
    Appeal by the defendants from a judgment rendered upon the report of a referee.
    
      W. T. Birdsall, for appellants.
    
      J. A. Shoudy, for respondents.
   Curtis, Ch. J.

The action is for goods sold and work and labor done. The answer sets up failure to perform, and matters by way of recoupment. Upon the close of plaintiffs’ case, it was submitted to the referee, who found for the plaintiffs. The evidence appears to sustain the findings of fact presented in the report of the referee. The exceptions of the defendants are not sufficient to call for a new trial.

The judgment appealed from should be affirmed with costs.

Freedman, J., concurred.  