Cases Reported and adjudged that the judgment of said court of common pleas be and the same is hereby reversed for error of said court in admitting in evidence, on behalf of the plaintiff, pages from the books of plaintiff purporting to show this account, and in reading therefrom; for error of said court in excluding the evidence offered by plaintiff in error touching the cost of material and the amount that had been added thereto for profits; and for error of said court in its charge to the jury as to the burden of proof. DONAHUE, WANAMAKER, NewMAN and WILKIN, JJ., concur. TOR. No. 13100. SWARTS 7. SIEGEL, ADMINISTRADecided March 28, 1913. ERROR to Circuit Court of Franklin county. Mr. R. S. Swepston, for plaintiff in error. Mr. F. Siegel and Mr. J. V. Lee, for defendant in error. Judgment affirmed. SHAUCK, C. J., JOHNSON, WANAMAKER, NewMAN and WILKIN, JJ., concur. No. 13101. BLAKE V. FRERICK, AN INFANT, BY ETC. Decided March 28, 1913. ERROR to Circuit Court of Cuyahoga county. Mr. P. H. Kaiser, for plaintiff in error. Messrs. Webber & Metcalf, for defendant in error. Judgment affirmed. JOHNSON, DONAHUE and WANAMAKER, JJ., concur. No. 13106. JONES, ADMINISTRATOR, V. MASON. Decided March 28, 1913. ERROR to Circuit Court of Ashland county. Mr. W. S. Kerr; Messrs. Without Opinion. McCray & McCray and Mr. H. A. Mykrantz, for plaintiff in error. Mr. F. N. Patterson; Mr. Vernon H. Burke and Messrs. Nicol & Boffenmyer, for defendant in error. Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER and NEWMAN, JJ., concur. No. 13108. DAY, SR., V. Dodds. Decided March 28, 1913. ERROR to Circuit Court of Pike county. Mr. John A. Eylar, for plaintiff in error. Mr. John C. Milner and Mr. F. E. Dougherty, for defendant in error. Judgment affirmed. SHAUCK, C. J. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. No. 13109. MCCREDIE v. MUSSON. Decided March 28, 1913. ERROR to Circuit Court of Lucas county. Mr. Orion W. Nelson, for plaintiff in error. Mr. Marion D. Merrick and Mr. George F. Wells, for defendant in error. Judgment affirmed. DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. No. 13110. THE S. H. COнN Co. v. SIMON. Decided March 28, 1913. ERROR to Circuit Court of Cuyahoga county. Messrs. Hidy, Klein & Harris, for plaintiff in error. Mr. Martin W. Sanders and Mr. W. D. Meals, for defendant in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER. NEWMAN and WILKIN, JJ., concur. Cases Reported No. 13121. KELL ET AL. v. WARD ET AL. Decided March 28, 1913. ERROR to Circuit Court of Clermont county. Messrs. Griffith & Nichols and Mr. W. A. Joseph, for plaintiffs in error. Mr. S. A. West and Mr. D. W. Murphy, for defendants in error. Judgment affirmed. DONAHUE, WANAMAKER and NEWMAN, JJ., Concur. No. 13124. THE ADAMS EXPRESS Co. V. WHITTINGTON, AN INFANT, BY ETC. Decided March 28, 1913. ERROR to Circuit Court of Greene county. Mr. Charles L. Darlington and Mr. Joseph S. Graydon, for plaintiff in error. Mr. E. D. Smith, for defendant in error. Judgment affirmed. DONAHUE, WANAMAKER and WILKIN, JJ., concur. No. 13127. SOUDRIETT V. THE HOME BREWING CO. ET AL. Decided March 28, 1913. ERROR to Circuit Court of Lucas county. Messrs. Brown, Hahn, Sanger & Froelich, for plaintiff in error. Messrs. James, Garver & Powell, for defendants in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. No. 13129. SHEARER V. DOWELL. Decided March 28, 1913. ERROR to Circuit Court of Portage county. Messrs. Webb & Webb, for plaintiff in error. Mr. J. W. Beckley and Mr. H. R. Loomis, for defendant in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. Without Opinion. No. 13134. THE FEDERAL GAS & FUEL Co. v. THE CITY OF COLUMBUS. Decided March 28, 1913. ERROR to Circuit Court of Franklin county. Messrs. Williams, Williams, Taylor & Nash and Mr. L. B. Denning, for plaintiff in error. Mr. E. L. Weinland, city solicitor, and Mr. B. W. Gearheart, assistant city solicitor, for defendant in error. Judgment affirmed. Grounds stated in journal entry. It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is affirmed; this court finding that no final decree or judgment was made in the court of common pleas in said proceeding. It is further ordered and adjudged that this cause be remanded to the court of common pleas for further proceedings according to law, and the right is reserved to the plaintiff in error to ask for such order, judgment and decree (and for the reconsideration of any order that may have been heretofore made by said court of common pleas) as it may be entitled to, before the entry of the final judgment and decree in said cause. SHAUCK, C. J., JOHNSON, DONAHUE, Wanamaker, NewMAN and WILKIN, JJ., concur. No. 13157. JONES ET AL. V. JONES BROTHERS. Decided March 28, 1913. ERROR to Circuit Court of Knox county. Mr. J. M. McGillivray; Messrs. Waight & Moore and Mr. W. Z. Davis, for plaintiff in error. Mr. Frank W. Owen and Mr. Ferdinand Jelke, Jr., for defendant in error. Judg ment affirmed. Cases Reported JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. No. 13165. RODGERS v. REICHLEY, EXECUTOR. Decided March 28, 1913. ERROR to Circuit Court of Coshocton county. Mr. George D. Klein and Mr. W. S. Merrell, for plaintiff in error. Messrs. Duncan & Voorhees and Mr. F. E. Pomerene, for defendant in error. Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. ETC. No. 12966. AMES V. CZIHY, AN INFANT, BY Decided April 15, 1913. ERROR to Circuit Court of Cuyahoga county. Mr. George D. Hile, for plaintiff in error. Mr. E. F. Spurney and Mr. R. C. Linder, for defendant in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., concur. No. 13077. SCHABER, EXECUTOR, v. YOUNG. Decided April 15, 1913. ERROR to Circuit Court of Cuyahoga county. Messrs. Howland, Moffett & Niman, for plaintiff in error. Mr. E. Jay Pinney and Mr. Herman J. Nord, for defendant in error. Judgment affirmed. JOHNSON, WANAMAKER and WILKIN, JJ., concur. No. 13105. WALSH V. THE HOWE SCALE CO. Decided April 15, 1913. ERROR to Circuit Court of Summit county. Mr. D. F. Felmly and Mr. J. |