Barrante v. Garratt
Barrante v. Garratt
Opinion of the Court
The appeal is taken from the judgment alone, and the case is presented upon the pleadings, findings, and a bill of exceptions which does not question the sufficiency of the evidence to sustain the findings. The only question is, whether the proper judgment was entered upon the findings. The court found that the market value of the building, at the time when the defendant took possession of it, and from thence to the time of the trial, was two hundred dollars. The findings also state certain probative facts in respect to the cost of removal of the building; the value of the materials, if it were taken to pieces; its value to a person who had the right to maintain and use it where it then was; and what it would cost to erect such a building at that place; but those probative facts are not necessarily inconsistent with the ultimate fact of the market value of the building, and, therefore, will not overcome or modify it. The finding as to the market value is conclusive, as the sufficiency of the evidence to sustain it is not questioned.
Judgment affirmed.
Reference
- Full Case Name
- F. BARRANTE v. CHARLES GARRATT
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Judgment on Pacts Pound.—When an ultimate fact is found, and probative facts are also found, -which are not inconsistent with the ultimate fact, the finding as to the ultimate fact is conclusive, and judgment must be rendered in accordance with it. Damages fob Gonvebsion of Peksonad Pbopebty.-—In an action for the conversion of personal property, the plaintiff, if he recovers, may elect to take judgment, either for the value of the property at the time of the conversion, with interest from that time, or, where he has prosecuted the action with reasonable diligence, for the highest market value of the property at any time between the conversion and the verdict, without interest, and if he fails to elect, the court may award the damages under either rule.