Lyczak v. Margulies

Pee Cueiam.

This is an appeal from a judgment in favor of the plaintiff below in an action for breach of a covenant against encumbrances.

The matter was heard and the judgment in question was entered upon findings of the trial judge, sitting by consent, without a jury. Such findings are said to be based upon a stipluation of facts. Such stipulation does not appear in the state of case before us.

Appellant’s first ground for reversal is that there are no findings of fact by the trial court and therefore there is no legal support for the judgment under rule 113 of this court.

Under the…