Gann & Lewis Roofing Co., Inc. v. Sokol
Gann & Lewis Roofing Co., Inc. v. Sokol
Opinion
This appeal is from a judgment by the Circuit Court of Madison County awarding appellee (plaintiff below) damages in the amount of $1,619.17. The judgment was the result of appellee's suit against appellant (defendant below) for breach of contract and breach of the warranty of workmanlike performance.
Plaintiff, Charles Sokol, entered into an agreement with defendant, Gann Lewis Roofing Company, for the services of the latter in repairing a portion of the roof at plaintiff's residence. Approximately seventeen months after defendant completed the work on plaintiff's home, plaintiff discovered a leak in the roof. This leak caused water damage to the inside of the plaintiff's house and subsequently resulted in a *Page 816 civil action by plaintiff alleging breach of contract and breach of workmanlike performance on the part of defendant. After an oral hearing on the matter at which both parties presented evidence on behalf of their cause, the trial court found in favor of plaintiff and awarded him a monetary judgment in the sum of $1,619.17. From that judgment defendant appeals, contending that the evidence adduced by plaintiff at trial was insufficient to support the judgment of the trial court. We disagree.
It is an established proposition that in instances where the trial judge has heard the evidence ore tenus his findings have the weight of a jury verdict and will not be disturbed on appeal unless plainly erroneous or manifestly unjust. AlabamaSociety for Crippled Children Adults, Inc. v. StillConstruction Co.,
In situations where a party has urged that the evidence was insufficient to support the judgment of the trial court, only those tendencies of the evidence most favorable to the judgment are reviewed. C.F. Halstead Contractor, Inc. v. Dirt, Inc.,
A reviewing court does not weigh the evidence to ascertain if it reasonably satisfies the issues in question. Mayben v.Travelers Indemnity Co.,
AFFIRMED.
WRIGHT, P.J., and HOLMES, J., concur.
Reference
- Full Case Name
- Gann Lewis Roofing Co., Inc., an Alabama Corporation v. Charles Sokol.
- Cited By
- 19 cases
- Status
- Published