Overland Motor Co. v. Tennant

This was an action upon a written contract tried before the court without a jury. Whether the plaintiff, who is plaintiff in error here, was entitled to recover depended upon the construction the court put upon the contract, as practically admitted by the parties at the close of the evidence. That involved a question of law, but no propositions of law were submitted to the court to be held as such, nor were there any rulings on evidence that present the questions of law argued. We have no means, therefore, of determining what principles of law the court applied to the contract herein.

We held…