¶1I concur in the opinion that the judgment should be reversed. Upon the facts the defendants should have had judgment; and as all the facts in the case are evidently before the court, there can be no good reason, as far as I can perceive, for sending the parties again before- the referee.
¶2The clerk will enter an order reversing the judgment, with costs.
¶3Mitchell, P. J. concurred.
¶4Judgment reversed.
¶5Mitchell, Clerke and Cowles, Justices.]