Barnett v. Williams

(after stating the facts as above). It affirmatively appears from the recital in the judgment set out in the statement above that the rescission awarded was based on the findings alone of the jury that the tractor was not made of good material and would not do good and serviceable work if properly adjusted and operated by a competent person. That being true, if those findings did not warrant the judgment, this court cannot assume, as, otherwise, it might, if the testimony warranted them (article 1985, Vernon’s Statutes) that the trial court made other findings which, considered with those the…