#### George H. Lovekamp, Appellant, v. John F. Cummings, Appellee.

(Not to be reported in full.)

Appeal from the Circuit Court of Macoupin county; the Hon. James A. Creighton, Judge, presiding.

Heard in this court at the April term, 1913.

Affirmed.

Opinion filed October 16, 1913.

Statement of the Case.

Action by George H. Lovekamp against John F. Cummings for damages alleged to have been sustained by plaintiff by reason of the alleged failure and refusal of defendant to complete and fulfil an alleged *298contract for the sale of á farm owned by defendant .and claimed to have been sold to plaintiff upon a contract of purchase. From a judgment in favor of defendant, plaintiff appeals.

Abstract of the Decision.

Appeal and error, § 528*—necessity of submitting questions of law or fact to trial court to preserve questions for review. . Where a . cause is submitted to the trial court without a jury, and no questions of law or fact are submitted to the court to be passed upon by it, the record preserves no questions to be passed upon by the court of review.

Edward C. Knotts and Peebles & Peebles, for appellant.

D. R. Kinder and A. J. Duggan, for appellee.

Mr. Presiding Justice Philbrick

delivered the opinion of the court.