Under the facts of the case the court did not err in sustaining the exceptions of law to the auditor's report; and.the entire case being controlled by matters of law, and there 'being no material ■issue of fact, and a reference to a jury, or a rereferenee to the auditor, being unnecessary, the court did riot err in overruling the report of the auditor and in rendering judgment in favor of the plaintiff. ■

Judgment affirmed.