To permit relator, after appeal from report of commissioners on claims to the Circuit Court, trial there, and judgment for' plaintiff, which was reversed in the Supreme Court (Sullivan vs. Ross Estate, 98 M., 570), to amend his petition so as to count upon the contract which he repudiated upon the trial had.

Denied December 19, 1894, with costs. See Sullivan vs. Estate of Ross, 4 D. L. N., 315.