Light v. Zeiter

(dissenting) :

Plaintiffs brought this action to reform a contract for the sale of real and personal property and for its cancellation.

Findings of fact, conclusions of law and judgment were entered in favor of plaintiffs and against defendants. At the outset it should be noted that we have not been furnished with a bill of exceptions containing a transcript of the evidence. The questions presented on the appeal are those which appear from the judgment roll alone. They have to do with alleged defects in the pleadings. The majority opinion reverses the trial court on *83matters not presented to the…