Marshall v. Martin

Plaintiff appeals from the court’s refusal to find certain facts as stated in his draft-finding and counter-finding which he claims were material upon the question of intention of the parties as to whether or not a right of way passed to defendant under the deed from Herman F. Wells. He claims that the court erred in ruling that the surrounding circumstances were not material to the question of intention. The court did not so rule. Evidence of the surrounding circumstances was received. The facts which plaintiff sought to have added to the finding are either already-incorporated in it in…