North Pacific Lumber Co. v. Carroll
North Pacific Lumber Co. v. Carroll
Opinion of the Court
The respondent brought this action in the court below to recover a balance alleged to be due for lumber sold and delivered to the appellants. The answer admitted the contract, but denied that the lumber had been delivered as alleged. Upon a trial the court found that the lumber had been delivered by the respondent to the appellants, and used by them to the amount of $2,416.27, upon which there was paid $500, leaving a balance of $1,915.25. Judgment was entered for that amount. The defendants appeal.
The only claim made upon this appeal is that there is no evidence to sustain the finding that the lumber was delivered
The judgment must therefore be affirmed.
Reference
- Full Case Name
- North Pacific Lumber Company v. John D. Carroll
- Status
- Published
- Syllabus
- Sales — Actions—Evidence—Sufficiency. In an action to. recover a balance due for lumber sold and delivered, findings for the plaintiff are sufficiently supported by evidence of a conversation with one of the defendants in which he admitted that the lumber was received and the account correct.