Mackenzie v. Hallack Paint, Oil & Glass Co.
Mackenzie v. Hallack Paint, Oil & Glass Co.
Opinion of the Court
delivered the opinion of the court.
The action was brought by appellee to recover the balance due on an open account between the parties for goods sold to appellants by the appellee at various times from April to December, 1890. The plaintiff claimed something over $2,000 as due and unpaid, which was denied by the answer, admitting $876.35 to be due, and that amount only.
The questions to be determined were purely those of fact— an accounting and the finding the amount due. The case was tried to the court, resulting in a judgment for the plaintiff in the sum of $1,860.17.
No question of law is presented by the errors assigned,— they are to the effect that the court erred in its finding of the facts, principally in failing to allow certain credits claimed by the defendants. The evidence was very conflicting and con
Where the evidence is contradictory and there was evidence to support the finding, and the questions presented for review are only those of fact, the judgment will not be disturbed. This rule has been so often stated and reiterated, both in the supreme court and in this, that no citation of decisions is necessary.
The judgment of the district court must be affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.