Summary
In Millard v. Hall, R.I., 135 A. 855, 856, this court remarked that where a defendant's testimony is unfavorable the plaintiff cannot expect "to have the court, not only discredit it, but adopt without evidence a view of the facts in direct contradiction to the testimony."
Summary of this case from Lapierre v. GreenwoodOpinion
Decision Filed May 14, 1934.
An appeal from the Circuit Court for Dade County, H. F. Atkinson, Judge.
Ira C. Haycock, for Appellants, Hecht and Wife;
Cary D. Landis, Attorney General, and Marvin C. McIntosh, Assistant, for Trustees Internal Improvement Fund; Morton B. Adams, for Appellees.
The decree herein appealed from is affirmed upon the principles stated in Hecht v. Shaw, filed November 16, 1933.
Affirmed.
WHITFIELD, ELLIS and BROWN, J. J., and THOMAS, Circuit Judge, concur.
DAVIS, C. J., and TERRELL and BUFORD, J. J., disqualified.