ROBSON, J.:
During the progress of the trial and after considerable testimony had been taken for plaintiff, the referee on defendant's application permitted it to amend its answer by setting up a counterclaim to the cause of action which plaintiff had pleaded. Plaintiff duly objected to the amendment, and excepted to its allowance by the referee. The referee has found for defendant and against the plaintiff the full amount of the counterclaim, and the result of the action was materially changed thereby.
The referee had no power to grant this amendment and plaintiff's exception thereto presents reversible error. ( Mitchell v. Bunn, 2 T. C. 486.)
All concurred.
Judgment reversed and new trial ordered before another referee, with costs to appellant to abide event.