
    Eberhard Faber, Respondent, v. Samuel D. Hovey et al., Appellants.
    (Argued February 13, 1878;
    decided March 26, 1878.)
    
      Ambrose Monell for appellants.
    
      John S. Washburn for respondent.
    Allen, Rapallo, Andrews and Earl, JJ., agree to affirm without opinion. Miller, J., reads for reversal and new trial, unless plaintiff stipulates to reduce damages to nominal damages. Church, Ch. J., concurs on ground that a case was not made out for damages.
   Folger, J.,

concurs on ground that the basis for damages was erroneous.

J udgment affirmed.  