¶1' By the Court. As to the first reason relied upon, we think that the undertaking of the defendants below was not within the statute of frauds; and the objection on this ground cannot avail.
¶2As to the objection, that the Court" of Common Pleas decided against the weight of facts, it is settled, that we are not to weigh the testimony on certiorari on appeal.
¶3Let the judgment be affirmed.