Thomson

By this action plaintiff seeks to recover from defendant certain moneys alleged to be due plaintiff from defendant under the terms of a written contract. The case was tried in the court below without a jury and judgment was ordered and entered in favor of defendant and against plaintiff.

From such judgment the plaintiff appeals and the appeal is presented on the judgment-roll alone, consisting of the complaint, answer, findings of fact and conclusions of law and the judgment.

A great deal of comment concerning the facts has crept into the briefs, but we have no record of the evidence taken, so, therefore, the allusions to what the testimony was does not at all aid us; on the contrary, they but tend to befog the question.

The complaint alleges and the answer admits that on September 21, 1928, plaintiff and defendant entered into a written agreement substantially as follows: Defendant agreed to pay plaintiff on and after September 1, 1930, the sum of $500, and on and after September 1, 1931, the sum of $500, and on and after September 1, 1932, the sum of $500, provided that defendant should receive from Manuel Silva, Julia Silva and Manuel Dutra the sum of $1500 for each of said…