Cross v. Thomas

On Motion for Rehearing

Appellant asks that we consider point two in his brief, which is that he was entitled to recover for a breach of warranty, if not damages for misrepresentation of title. We did consider the point, but did not write on it further than to. say that all issues raised and not submitted and not waived are presumed to have been found by the trial court in such manner as will support the judgment. No issue was submitted or requested on that ground of recovery.

We do not think that appellant could recover for breach of warranty in the absence of evidence and findings that he was…