Polly

This is an appeal upon the judgment-roll alone in an action wherein the plaintiff sought to recover possession of a certain gasoline engine, or the value thereof. The defendant had judgment and the plaintiff appeals.

The only points relied upon for reversal are the alleged inconsistencies in the findings and that, therefore, the judgment is not supported by the findings of fact.

At the conclusion of the trial the court made the following findings of fact:

By findings 1, 2 and 3 the ultimate fact is determined that the defendant was, prior to the time of the trial, at the time of the trial and at the date of making the findings and entering judgment, the owner of the gasoline engine in controversy. By findings 4 and 5 certain probative facts, which appeared in the case, are set forth and it is on the ground that these findings, in setting forth probative facts, do not set forth sufficient to establish payment or agency.

The law is well settled in this state that where ultimate facts are found, which are sufficient in themselves to support the judgment entered, the mere fact that the trial court also makes findings in which probative facts are incorporated, which indicate that…