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Osten v. Curtis

The Supreme Court of Washington
Apr 14, 1925
234 P. 1032 (Wash. 1925)

Opinion

No. 18947. Department One.

April 14, 1925.

APPEAL (418) — REVIEW — FINDINGS. Findings upon conflicting evidence will not be disturbed where the court is not convinced that the evidence fails to preponderate against them.

Appeal from a judgment of the superior court for King county, Reynolds, J., entered March 15, 1923, upon findings in favor of the plaintiff, in an action on contract, tried to the court. Affirmed.

Spencer Gray, for appellant.

Bronson, Robinson Jones and W.L. Grill, for respondent.


The respondent sought judgment against the defendant for $86 for carpenter work alleged to have been performed at defendant's request on a dwelling owned by her. She denied that the services were worth the amount alleged, and counterclaimed for damages in the sum of $300 or $400 done to the house by respondent because of alleged defective work.

There is involved nothing but a question of fact. The trial court held with the plaintiff and gave him a judgment for the amount sued for. A reading of the testimony fails to convince us that it preponderates against those findings. That we will not disturb findings of fact made by the trial court unless we are convinced that they are against the preponderance of the evidence is too well established in this court to require citation of cases.

The judgment is affirmed.

TOLMAN, C.J., MAIN, PARKER, and ASKREN, JJ., concur.


Summaries of

Osten v. Curtis

The Supreme Court of Washington
Apr 14, 1925
234 P. 1032 (Wash. 1925)
Case details for

Osten v. Curtis

Case Details

Full title:ANTON OSTEN, Respondent, v. LILY CURTIS, Appellant

Court:The Supreme Court of Washington

Date published: Apr 14, 1925

Citations

234 P. 1032 (Wash. 1925)
234 P. 1032
134 Wash. 39