Upon an examination of the evidence in this case, there does not seem to be any such discrepancy in the rentals, as represented and as they actually were, as would justify a finding of fraud. Indeed, when the defendants first desired to retire from the bargain,
The judgment should be modified by striking out the clause providing for a reference to assess damages, and also the provision as to the payment of damages, and, as modified, affirmed, without costs of this appeal.