Page:Federal Reporter, 1st Series, Volume 7.djvu/46

 84 FBOEBAIi BBPOBTBB. �these additional matters and things, and what the defendants 'would reasonably deserve to have for furnishing them. Thus the case might have to go to the master, if the court should undertake to find that iesue made by the pleadings. It seems better to send all these questions to the master, to be acted upon by him as shall be found necessary in completing the account, which will be more in accordance with the consent of the parties and the practice of the court. �The report, in respect to the item of $20,000, and the mat- terP;,connected therewith, and the evidence thereupon, and the Gomputation of interest, is recommitted to the master. ���(Circuit Court, J>. Vermont. May Term, 1880.) �Whbeler, D. J. The master bas now, pursuant to the re- commitment of his report to him, found, without further hearing, that the parties did agree to divide up the $20,000 presented as an item for allowance by the defendants, and distributed it to the price of such stone in making the con- traot executed May 20, 1875, and filed an amendment to his report accordingly. �The orator insisted that the report, as it stood before, showed such a finding, and the defendants that it did not ; but the defendants filed exceptions applicable to it in that aspect, and the questions arising upon those exceptions have been fully argued. The amendment is considered to be a part of the report, as if it had been made before the excep- tions were filed, and the questions arising in respect to it, as argued, are considered to be open for determination now. These questions depend upon whether the finding of the mas- ter upon the issue in respect to that item shall stand as found, or be reviewed by the court upon the evidence taken before the master. �There is no doubt about the power of a court of equity to revise the report of a master by supplying facts material which are shown by the evidence, but not stated in the report. ��� �