ADAMS v. HOWE.

Supreme Court of New Hampshire Coos.
December, 1879.

Upon questions of fact the finding of a referee is conclusive.

ASSUMPSIT, for a breach of warranty. The referee to whom the case was submitted found that the defendant sold the plaintiff a horse, and warranted it to be sound; that the horse was unsound; and that the plaintiff was entitled to recover fifty dollars damages. The court ordered judgment on the report for the plaintiff, and the defendant excepted.

Whidden, for the defendant.

Benton Hutchins, for the plaintiff.

BINGHAM, J.

Upon questions of fact the finding of a referee is conclusive.

Exceptions overruled.

SMITH, J., did not sit: the others concurred.