Clark v. Compania Ganadera De Cananea, S. A.

JENNINGS, Justice.

We deem it necessary to enlarge upon the following novel problem, which we casually mentioned in the original opinion: Under the circumstances, were appellants required, at their peril, to include in the record the evidence, if any, adduced respecting a condition subsequent, a matter of defense, when the lower court directed a verdict at the end of their case on the ground of merger and in making the ruling used words which negatived any idea that he had considered the condition subsequent in making the decision?

The material facts are that appellants’ assignors allegedly…