
    PAUL KLINE, Respondent, v. ABRAHAM S. BAIRSTO, as Executor, etc., of SALLY GREEN, Deceased, Appellant.
   Judgment reversed and a new trial ordered before another referee, costs to abide event, unless the plaintiff consents that the judgment be modified by requiring tbe plaintiff to pay into court, within ten days, for tbe use of tbe defendant, tbe sum tendered, with interest thereon from tbe date of tbe tender, and also by striking out tbe award of costs to tbe plaintiff, in which case tbe judgment, as so modified, is affirmed without costs to either party.  