Passent v. Peter Vredenburgh Lumber Co.

Mr. Presiding Justice Dady

delivered the opinion of the court..

This is a suit in chancery brought by the plaintiffs appellants, who are husband and wife, against the defendants appellees.

The proofs were heard by the chancellor. The record contains no transcript of the trial proceedings.

Inasmuch as the evidence was not preserved and no question of the sufficiency of the pleadings is involved, we believe a brief statement,of the material facts, as found by the decree, is sufficient to present the issues we are required to pass upon.

In July 1941, the appellants, Albert J. Passent and Gladys C.…