Smitz v. Leopold

The only questions open to the appellants under their assignments of error are — First, whether certain of the findings of fact were justified by the evidence; and, second,, whether “the judgment directed is authorized by the findings of fact or the allegations in the pleadings.” Indeed, it seems to us that the determination of the case must turn wholly upon the question whether the second finding of fact was justified by the evidence; for, if the plaintiffs and' the defendant Henry F. Leopold were dealing with each other entirely at arms’ length, it would be more than doubtful whether any…