We are unable to make any distinction in principle between this case and Morrison v. Berry 42 Mich. 389.

Bo far as any difference is discoverable in the- facts, it is not to the advantage of the plaintiffs in error. And see Newcomb v. Andrews 41 Mich. 518; Vanneman v. Powers 56 N. Y. 39; Woodruff Iron Works v. Adams 37 Conn. 233; Wright v. Hood 49 Wis. 235.

The judgment must be affirmed with costs.