Citations
- 226 Ill. 102
Full opinion text
Mr. Justice Carter
delivered the opinion of the court:
Appellant insists that the finding o'f fact by the Appellate Court is not such a finding as is contemplated by section 88 of the Practice act; that the finding _is really a conclusion of law and not of an ultimate or controlling fact. It contends that among the other things found as ultimate facts in this case should have been the answers to the following questions : (a) “Was the return of the receipt with the word ‘Lapse’ written thereon equivalent to a request to cancel?” (b) “Was there any consideration for any supposed cancellation?” (c) ‘.‘Did the Metropolitan ever accept any supposed proposition to cancel?” (d) “Did the Metropolitan ever communicate any acceptance of any supposed proposition to cancel ?” (