
    Jacob Deach, Respondent, v. William H. Perry, Appellant.
   — Judgment reversed and a new trial ordered before another referee, with costs to abide the event, unless the plaintiff shall stipulate to reduce the report ancf judgment by striking out the sum of foui dollars and fif cy cents, and the interest thereon, from the date of the referee’s report, in which event the report and judgment, as so modified, are affirmed, without costs of this appeal to either party.

Opinion by

Hardin, P. J.  