"In a law case tried before the court without the intervention of a jury, the judgment and findings of the court has the same force and effect as the verdict of the jury, and the same will not be disturbed by this court where there is any competent evidence reasonably supporting it." Southland Refining Co. v. Jackson, 149 Okla. 286, 1 P.2d 410. 3.

Not only does the testimony preponderate in favor of the plaintiff, but the judgment of the court is in plaintiff's favor; and a jury having been waived, under the long-established rule of this court, the judgment of the trial court will not be reversed or modified unless it is clearly against the weight of the evidence. Gordon v. State, 160 Okla. 399, 37 P.2d 270; Southland Refining Co. v. Jackson, 149 Okla. 286, 1. P.2d 410. On the contrary, we find the weight of the evidence in support of the judgment of the court, and the defendant is therefore entitled to no relief upon his first proposition. As to defendant's second proposition, that the judgment is not supported by any finding of fact, a reading of the poorly prepared journal entry possibly indicates such to be true, but in this journal entry where the court refers to a petition, the record shows only the petition of the plaintiff, and in using the words "is entitled to a judgment accordingly," reference most certainly must have been made to plaintiff's petition and the word "entitled" has substantially the same meaning as "finds."

The trial court's judgment in a jury waived law case will not be disturbed by the appellate court, if it is reasonably supported by the evidence. Gordon v. Slate, 169 Okla. 399, 37 P.2d 270; Southland Refining Co. v. Jackson, 149 Okla. 280, 1 P.2d 410. It is, next urged that three warrants, totaling $56.15, are void because they were issued on a fund after the same was exhausted.

In a law action tried before the court without a jury, the findings and judgment of the court have the same force and effect as the verdict of a jury, and the same will not be disturbed by the appellate court, where there is any competent evidence reasonably supporting such findings and judgment. Southland Refining Co. v. Jackson, 149 Okla. 286, 1 P.2d 410; Gates Oil Co. v. Prairie Oil Gas Co., 159 Okla. 288, 15 P.2d 56. The evidence in this cause fully sustains the findings and judgment of the trial court. The judgment is affirmed.

And where, in a law case, a jury is waived, the judgment of the court will not be disturbed where there is any competent evidence reasonable supporting the same. Southland Refining Co. v. Jackson, 149 Okla. 286, 1 P.2d 410. Under our conclusion herein, the question of whether or not the sustaining of the demurrer of the defendant Exchange Trust Company, or the action of the trial court in sustaining objection to the conversation between the witness M.L. Opperud and Alvin C. Johnson, then deceased, was error or not, is immaterial.

"In a law case tried before the court without the intervention of a jury, the judgment and findings of the court has the same force and effect as the verdict of a jury, and the same will not be disturbed by the Supreme Court where there is any competent evidence reasonably supporting it." Southland Refining Co. v. Jackson, 149 Okla. 286, 1 P.2d 4,10; Jackson v. Bighorse, 146 Okla. 1, 293 P. 5519; School Dist. No. 60 v. Crabtree, 146 Okla. 197, 294 P. 171. The judgment of the trial court is affirmed.

The rule is that in a law case, where a jury is waived, the judgment of the court will not be disturbed where there is any competent evidence reasonably supporting the same. Southland Refining Co. v. Jackson, 149 Okla. 286, 1 P.2d 410. The defendant contends, which is true, that in a law action fraud is never presumed, but must be proved as any other fact; and, when a transaction is fairly susceptible of two constructions, the one which will free it from imputation of fraud will be adopted. Davis v. Howe, 99 Okla. 118, 226 P. 316; Smith v. Stricker Radio Music Shoppe, 123 Okla. 95, 251 P. 1015.

"In a law case tried before the court without the intervention of a jury, the judgment and findings of the court has the same force and effect as the verdict of the jury, and the same will not be disturbed by this court where there is any competent evidence reasonably supporting it." Southland Refining Co. v. Jackson, 149 Okla. 286, 1 P.2d 410. 4. Same — Judgment for Defendants in Action to Recover Alleged Balance Due for Sale of Storage Crude Oil Sustained.