33 Kan. 570 | Kan. | 1885
This case was tried by the court without a jury. The court made its findings of fact and conclusions of law upon the evidence introduced, and no evidence is preserved in the record. The complaint is, that this court should have construed the following words of the contract: “ But it is expressly agreed between the parties that if at any time during the said period of three years either of these parties shall have just cause so to do, he may annul this contract.” The contention of plaintiff is, that under the terms of the contract either party had the right to annul the contract for any cause assigned in good faith, and that the plaintiff, acting in good faith, did annul the contract before the commencement of this action; and therefore that he was entitled not only to immediate possession of the sheep in controversy, but also entitled to recover all his costs.
The motion for rehearing will be overruled.