Sunflower Natural Gasoline Company v. Brown

Full title: Sunflower Natural Gasoline Company, Appellant, v. O. E., Brown, Appellee

Court: Appellate Court of Illinois

Date published: Oct 26, 1945

327 Ill. App. 205 (Ill. App. Ct. 1945)

63 N.E.2d 612

Opinion

Term No. 44M1.

Opinion filed October 26, 1945 Released for publication November 27, 1945

APPEAL AND ERROR, § 1713^_ — when reviewing court will not reverse findings of trial court. In action to recover for wages allegedly due under provision of employment contract providing for two weeks vacation pay after employee had completed two years service, it appearing from plaintiff's testimony that he had been employed for more than required two years, which defendant disputed, held that question of truth of his testimony was within province of trial court hearing case, without jury, and reviewing court will not reverse findings of trial court, in trial without jury, unless findings are manifestly contrary to weight of evidence.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Marion county; the Hon. JOSIAH T. BULLINGTON, Judge, presiding.

Affirmed. Heard in this court at the May term, 1944.

Dowell Dowell (George W. Dowell), for appellant;

Raymond O. Horn, for appellee.

Opinion by PRESIDING JUSTICE STONE.

Not to be published in full. Opinion filed October 26, 1945; released for publication November 27, 1945.