Krumm

Defendant appeals from a judgment recovered by plaintiff in an action for the contract price of goods purchased under a conditional sale agreement. By stipulation, the case was tried by the court without a jury.

The court made special findings of fact. The errors assigned relate principally to the sufficiency of the evidence to support the findings ; it is not and could not be claimed that the findings do not support the judgment.

In the preamble to the special findings and conclusions of law, made and entered over two months after the trial, is the bare recital that during the progress of the trial a motion for nonsuit had been made by defendant and had been denied. Nowhere in the record is there such a motion or any motion for a declaration of law in his favor or its equivalent.

Furthermore it does not appear that the recited motion for nonsuit was based on the insufficiency of the evidence to support a finding or judgment for plaintiff or that it was made at the conclusion of all the evidence or that defendant excepted to its denial by the court.

In these circumstances, the finding for appellee cannot be attacked on the ground of the insufficiency of the evidence to sustain…