Supreme Court of Connecticut, 1930

Tryon v. Smith

Tryon v. Smith
Supreme Court of Connecticut · Decided July 9, 1930 · Banks, Haines, Hinman, Maltete, Wheeler
151 A. 192; 111 Conn. 733; 1930 Conn. LEXIS 197

Tryon v. Smith

Opinion of the Court

Per Curiam.

This appeal furnishes an illustration of the inability of this court, although upon the evidence a judgment for the plaintiffs could reasonably have been reached, to add a fact to a finding unless it is a material fact which was an admitted or undisputed fact, or strike out a finding of fact unless it is a material fact which was found without evidence. Practice Book, p. 309, § 11.

The evidence was conflicting. We cannot hold that the trial court has found or failed to find material facts in violation of § 11 of the Practice Book to which we have referred.

There is no error.

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