Dolph v. Lennon's, Inc.

In regard to the clause which it was claimed in the complaint was omitted from the lease to the effect that Lennon’s, Incorporated, should occupy the premises during the term of the lease exclusively for the conduct of its own business, we should first notice that the trial court found from the testimony, that such clause should not be incorporated in the lease, and the plaintiff being apparently satisfied with the decree did not appeal; therefore, that phase of the matter is out of the case.

A party who has failed to take an appeal cannot, on appeal by the adverse party, insist on a decree…