
    William H. Chapman and Charles B. Chapman, Trading, etc., Appellants, v. Joseph Arata, Respondent.
    Judgment and order reversed and new trial granted, costs to abide the event, unless within twenty days defendant stipulate to forego the damages allowed him by the verdict; in other words, that the verdict stand merely as one for the defendant; in which event the order appealed from and the judgment, modified accordingly, are affirmed, without costs, upon the ground that the defendant, having accepted the return of the black horse and given the bay in its place, could not thereafter claim that plaintiffs still remained the owners of the black horse, and upon the ground that the defendant cannot have been damaged by the plaintiffs’ abandonment to him of the bay horse, the jury having found in favor of the defendant as to each cause of action alleged in the complaint.
   Jenks, P. J., Thomas, Stapleton, Mills and Rich, JJ., concurred.  