Westfall v. Gere

By the Court —

Johnson, J.

This case comes here for review upon a single general exception to the conclusion of law, that the plaintiff was not entitled to recover against the defendants. The action was tried by the court without a jury, and the case does not contain the evidence, but only *152the facts found by the court, and the conclusion of law thereon. The judgment must, therefore, be affirmed unless it appears clearly from the facts found by the court, that the conclusion of law should have been different and in favor of the maintenance of the action. Three of the defendants were members of…