Roberts Roof & Floor, Inc. v. Ford Wholesale Co.
Roberts Roof & Floor, Inc. v. Ford Wholesale Co.
Opinion of the Court
This is an action by Ford Wholesale Co., Inc., a wholesale supplier of roofing materials, against a customer, Roberts Roof & Floor, Inc., to recover freight charges on a shipment to the customer which were paid by supplier Ford. Pursuant to their past dealings, plaintiff/respondent complained that the shipping costs should have been paid by the defendant/appellant. The trial court entered judgment for the plaintiff and made the following findings of fact: (1) defendant ordered three shipments of less-than carload size from the plaintiff; (2) the wholesale price quoted by plaintiff did not include freight charges; (3) it was understood between the parties that the defendant would pay freight charges on shipments of less-than carload size; (4) defendant did not pay the carrier and subsequently the plaintiff was forced to do so.
Appellant’s specification of error is that these findings and the judgment based thereon are not supported by the evidence before the lower court. We agree and reverse the judgment.
There was no oral testimony before the trial court.
Just as the findings of the trial court will be sustained on the appellate level if they are supported by substantial evidence, Briggs v. Zamalloa, 83 Nev. 400, 432 P.2d 672 (1967), they will be reversed if they are not. Peardon v. Peardon, 65 Nev.
Therefore we reverse the judgment of the district court and order a new trial be granted. NRCP 72(a). We also disapprove this summary rendering of judgments.
Pursuant to NRCP 75(c) as part of the record on appeal, appellant submitted a narrative statement of the events taking place before the court at trial. That statement reads as follows: “When the case was called, the Honorable John E. (sic) Sexton called counsel to his chambers. He then stated that the case should be settled. Without hearing sworn testimony or considering any evidence, he entered judgment for the plaintiff. After the pronouncement of judgment, Defendant requested introduction of exhibits, which was granted.”
Reference
- Full Case Name
- ROBERTS ROOF & FLOOR, INC., a Nevada Corporation v. FORD WHOLESALE CO., INC., a California Corporation
- Cited By
- 1 case
- Status
- Published