
    The Commonwealth Banking & Trust Co. v. The Smith & Oby Co.
    (No. 20744
    Decided March 28, 1928.)
    
      
      Messrs. Dustin, McKeehan, Merrick, Arter & Stewart, and Mr. C. M. Horn, for plaintiff in error.
    
      Messrs. Stearns, Chamberlain & Boyon, for defendant in error.
   By the Court.

While this case has been certified to this court under the conflict provision of the Con stitution, the record discloses that th'e judgment certified for review is a reversal of the court of common pleas upon the weight of the evidence, and that no other error is found in the record, a determination of the correctness of the judgment of the court below requiring a determination of the weight of the evidence. This court is not required to determine the weight of the evidence, and we therefore find it onr duty to affirm the judgment of the Court of Appeals, which is accordingly done.

Judgment affirmed.

Day, Allen, Kinkade, Robinson, Jones and Matthias, JJ., concur.  