Smith v. Newton
Smith v. Newton
Opinion of the Court
O. E. Newton, as plaintiff (appellee), brought suit against defendant (appellant) J. Ed Smith for services rendered in the sum of $936.80; the defendant answered admitting that he was indebted to plaintiff for wages in the sum of $84, but denied owing any amount in excess thereof. The case was tried to the court, sitting without a jury, and at the conclusion thereof judgment was promptly entered for the plaintiff in the sum of $836.80. This appeal followed. The parties are before us in the reverse order of their appearance in the trial court but for convenience reference will be made to them herein as they there appeared, namely as plaintiff and defendant.
The defendant, who resides in the Gila Valley, near Safford, is a farmer and dairyman and during the period in question was in the process of building dairy barns and a processing plant for a creamery. The plaintiff, whose experience qualified him to manage a creamery plant, needed employment, and being also a sort of “jack of all trades” was hired to work on the buildings looking forward to his managing the plant when it was put in operation. It is admitted that defendant worked for plaintiff from April 26, 1949 to July 4, 1949 at an agreed salary of $10 per day (or $65 per week), and that all wages due him for this period were paid in full. The defendant, experiencing difficulty in financing his creamery venture, temporarily suspended building operations and laid the plaintiff off on July 4, 1949.
We are of the opinion that no good purpose would be served by quoting or attempting to summarize the testimony of the witnesses relative to the wage to be paid for the period December 27, 1949 to November 1, 1950; the most that can be said is that there is a sharp conflict therein. However, there is no serious difference as to the actual number of days plaintiff worked or the total compensation paid him.
While the two assignments of error are inartfully drawn, they in effect state that the court erred in granting judgment in that there was no reasonable evidence in support thereof and that the plaintiff failed to sustain the burden of proof.
The plaintiff urges as controlling in the case, the well-established rule that a judgment based upon conflicting evidence will not' be disturbed where there is reasonable evidence in the record to support it.
The evidence of plaintiff consisted wholly of the testimony of the defendant — called for cross-examination under the statute; the plaintiff, his wife, and six exhibits consisting of three checks, two pages from a pocket notebook showing hours worked over a two-month period, and a loan application executed by the defendant, the latter showing plaintiff was to be plant manager at a salary of $3,300 per annum. The defendant’s evidence consisted of his own testimony and that of two other employees who contributed but little pertinent information.
The defendant does not urge that plaintiff’s evidence is not credible solely because of its source, i. e., from interested parties, but does urge such evidence should be carefully scrutinized, recognizing that the circumstances of the case may either corroborate or weigh against it.
There being reasonable evidence before the court in support of the judgment, it is affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.