Opinion
Thomas C. Singer, Denver, for plaintiffs in error.
Paul G. West, Denver, for defendants in error.
DUFFORD, Judge.
This case was originally filed in the Supreme Court of the State of Colorado and was subsequently transferred to the Court of Appeals under the authority vested in the Supreme Court.
Thurmon Construction Co. and Clarence E. Thurmon, defendants in error here and claimants below, cross-claimed in the trial court to collect from Edwin C. Marshall and Joan M. Marshall, defendants below and plaintiffs in error here, sums owing for services rendered as a general contractor in connection with certain construction performed for the defendants. In the action the claimants also sought to enforce mechanic's lien rights.
At trial it was uncontroverted that there was an agreement between the claimants and the defendants for the claimants to act as general contractor with respect to the construction. There was direct conflict in the testimony as to the amount of compensation claimants would be paid for their general contracting services and as to the time and effort claimants expended in their general contracting efforts. At the conclusion of trial, the trial court entered judgment in favor of the claimants and upheld the validity of the mechanic's lien asserted by them.
All errors charged on this appeal equate either to contentions that the trial court lacked sufficient evidence upon which it could have based its judgment in favor of the claimants or to assertions that the trial court abused its discretion in various respects. It is settled law in this jurisdiction that the weight and sufficiency of the evidence and the credibility of witnesses are matters to be resolved by the trier of facts. From our review of the record, we do not find any reversible abuse of discretion on the part of the trial court, nor can we conclude that its findings were not supported by sufficient evidence. Its judgment must accordingly be upheld. Fletcher v. Garrett, 167 Colo. 60, 445 P.2d 401.
Judgment is affirmed.
COYTE and PIERCE, JJ., concur.