In a two count petition Patt Hulse sought, as an individual and as guardian of Eula Mae Warren, to recover certain sums from defendant. Defendant counterclaimed in four counts. Following nonjury trial judgment was entered for defendant on plaintiffs' claim and for plaintiffs on two counts of the counterclaim. One count had previously been dismissed.
Plaintiffs appeal, raising issues only in regard to claims made in the petition.
We are met initially with whether the order entered by the trial court following trial was a judgment from which an appeal may be taken. Generally a judgment must dispose of all the parties and all the issues in the case. It is, of course, preferable for the judgment to expressly rule each count of the claims presented. However, where a disposition of one issue necessarily constitutes a ruling on another, a judgment can be final although the count necessarily ruled is not expressly decided. The counterclaim was in four counts and express rulings denied the first three counts.