Whetstone Valley Realty Co. v. Fenner

DILLON, J.

(dissenting). An attempt is here made to dissect the essential findings of the referee and to discard! portions of them. The appellant’s remedy was to apply to the trial court for a modification of the findings or to move for a new trial, neither of which has been done. The evidence on the trial is not before the court. I think this court should not through the process of elimination undertake to set aside portions of the' vital inconsistent findings of the trial court. It is a well-established rule that conclusions of law will be treated as findings of fact to sustain the trial court on an appeal from the judgment roll. Also that there is a presumption that evidence and admissions on the trial would! sustain the judgment given by the court.

Note — Renorted in 192 N. W. 744. fee American Key-Numoered Digest, Contracts, 187(2), 13 C. J. Sec. 815; Inconsistent findings, 2 R. C. L. 184.