
    Mrs. H. E. Tryon vs. Dudley E. Smith. Regina Hines vs. Dudley E. Smith.
    Third Judicial District, New Haven,
    June Term, 1930.
    Wheeler, C. J., Máltete, Haines, Hinman and Banks, Jb.
    Argued June 10th
    decided July 9th, 1930.
    
      John Henry Sheehan, with whom was Samuel H. Rosenthal, for the appellants (plaintiffs).
    
      Daniel D. Morgan, with whom, on the brief, were Philip Pond and Joseph B. Morse, for the appellee (defendant).
   Per Curiam.

This appeal furnishes an illustration of the inability of this court, although upon the evidence a judgment for the plaintiffs could reasonably have been reached, to add a fact to a finding unless it is a material fact which was an admitted or undisputed fact, or strike out a finding of fact unless it is a material fact which was found without evidence. Practice Book, p. 309, § 11.

The evidence was conflicting. We cannot hold that the trial court has found or failed to find material facts in violation of § 11 of the Practice Book to which we have referred.

There is no error.  