Defendants gave plaintiff a bill of sale over certain personal property to secure a sum of money advanced to defendants by the plaintiff. The bill of sale contained a condition that in case of default it should be lawful for the plaintiff to enter and seize and take possession of the property secured by the bill of sale and sell the same. The plaintiff exercised his power of sale, but owing to no fault of the plaintiff’s the sale went off. The plaintiff then sued the defendants on bonds given by them as collateral security for repayment of the amount secured by the bill of sale. At the trial there was no finding as to the fact whether the plaintiff had seized before sale, and in the absence of this finding, the defendants appealed against a decision giving judgment for the plaintiff.