Majority
p. 938Filed May 2, 1893. Thos. M. Rowlette, App'lt, v. Roger Foster et al., Resp'ts.
We have taken the case into consideration and, after investigation, have concluded that the defendants in this action were estopped from setting up the counterclaim which they did; and, therefore, that the judgment should he reversed and a new trial ordered, with costs to appellants to abide the event.