
    Robert Simpson, Respondent, v. George B. Swikchard, Appellant.
   Judgment reversed on a question of fact, and new trial granted before another referee, with costs to abide the event, unless the plaintiff stipulates within twenty days after service of a copy of this order to deduct from the judgment $133.34 with interest thereon from April 30, 1879, and in that event the judgment so modified affirmed, without costs oí this appeal to either party.

Opinion by

Bradley, J.  