Fairview-Chase Corp. v. Scharf

The opinion of this court* sufficiently indicates our view as to the facts proved upon the trial. The findings which are reversed in our order are reversed solely for the reason that our holding as a matter of law that the proceeding in the Municipal Court was res adjudicata in this court imported a finding of such facts as would be necessary to sustain the proceeding in the Municipal Court. We cannot approve findings inconsistent with this holding, even though otherwise justified by the testimony. The order as at present entered not only reverses certain facts found below, but in addition…