Reid

The plaintiff commenced an action against the defendants sounding in equity. A trial was had by the court sitting without a jury; the court found the facts in accordance with the theory of the defendants and entered a judgment accordingly; from that judgment the plaintiff has appealed, bringing up the judgment-roll only.

The first point made by the appellant is that some of the findings are contradictory. In paragraph VI of the compláint the plaintiff alleged, “and said plaintiff did on the eighth day of February, 1921, make and execute to Edith Kerr a deed to the property described in paragraph I of this complaint, and said Edith Kerr did execute a deed to plaintiff herein for the property described in paragraph III.” That paragraph of the plaintiff’s complaint was answered by the defendants in the fourth paragraph of their answer. But an examination of the paragraph shows no denial or traverse of the passage quoted from the complaint. In paragraph VIII of the complaint it was alleged, “That thereafter on the eighth day of February, 1921, pursuant to said agreement plaintiff deeded to defendant, Edith Kerr, the real property described in paragraph I hereof.” In paragraph IX of…