Consolidated Realty Corp. v. Dunlop

This suit was begun in 1935 as an action at law and was submitted to the court below on written waiver of jury. At the close of the evidence, the trial judge held that the cause should be transferred to the equity side, and an order was entered accordingly. The parties then filed equity pleadings.1 In April, 1939, after the effective date of the new rules, the case was again brought to trial. The judge stated his findings and entered judgment for defendant, and this appeal followed.

The testimony shows that in September, 1925, William T. Galliher, a resident of Washington City, agreed with…