Leithead v. Adair
Leithead v. Adair
Opinion of the Court
Julia P. Leithead sued her nephew, Arnold A. Adair, for $4,088.20 she claimed to be due her from their joint venture in the operation of a wheat farm. Upon an accounting by the trial court, it concluded that the plaintiff owed defendant $194.12 and entered judgment accordingly. Plaintiff appeals contending that the court erroneously computed the figures in its own findings and that a correct calculation thereof would result in a judgment in her favor for $2,406.50.
The parties purchased the farm in May, 1947, under an agreement that each would contribute financially and that the defendant would operate it, for which he would receive a salary. It was operated for three seasons, ’47, ’48, and ’49 and then sold. There was disagreement as to how the accounts stood as between them. Testimony was presented that at different times Aunt Julia claimed that Arnold owed her widely varying amounts; and finally filed this suit for $4,088.20. From the evidence of the claimed credits, debits, claims and cross-claims of the parties in connection with the transaction and the operation of the farm, the trial court made a somewhat extensive accounting and entered the findings and judgment appealed from.
Through counsel plaintiff gives solemn assurance that her contention is indisputably correct because it was determined by a certified public accountant who has gone over the findings since the trial. However, with respect to this contention these facts
We spare this opinion the detail of the accounting, but make this general observation : the plaintiff claims that certain sums of money admittedly furnished by her for the venture and credited to her, should also have been debited against the defendant. Our study of the evidence fails to disclose any proof that the defendant actually received such funds. The court did charge him for all the income received from the operation of the farm. To further charge him with money which it was not shown he received would have been erroneous.
A rule which we deem to be controlling in regard to the facts of this accounting was expressed by this court through Justice McDonough in the case of Keller v. Wixom “ * * * the presumption is in favor of the trial court’s findings on contested items * * * ”
Affirmed. Costs to respondent.
. See 5 C.J.S. Appeal and Error § 1564 (9), p. 1315 and cases there cited.
. Nokes v. Continental Mining & Milling Co., 6 Utah 2d 177, 308 P.2d 954.
Reference
- Full Case Name
- Julia P. LEITHEAD, and v. Arnold A. ADAIR, and
- Cited By
- 1 case
- Status
- Published