— The report of the referee in this case does not state the facts found by him. In the case of Lambert v. Smith & McGHlrey, 3 Cal. 408, the court held “that” the report of a referee like the finding of a court should state the facts found and the conclusions of law. Without this the parties would be remediless and their rights concluded in many cases by the arbitrary decision of a referee.

The judgment of the court below is reversed and the cause remanded.