Veysey Bros. v. Bishop Mill Co.
Veysey Bros. v. Bishop Mill Co.
Opinion of the Court
The only question involved in this case is one of fact. Parker & Simmons, thereafter Simmons, en
“We will advance you on the above price one dollar per cord as the bolts are split on the land, and will furthermore advance as part of the above price provisions sufficient for yourselves and an extra man for a term of two or three months while you are engaged in cleaning out the creek and getting the proposition in shape to deliver bolts from it.”
Appellant,says that thereafter respondent agreed to stand good for all supplies for all the men employed, the cost of which was to be deducted from the labor checks; this without reference to the amount due on the contract. There is a square issue of fact, affirmed by one and denied by the other. In such cases we are inclined to follow the judgment of the trial judge, unless it appears to be against the clear preponderance of the testimony. Barring some inconsequential items not now necessary to be discussed, the contentions of respondent were sustained below, and for the reasons assigned are now sustained.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.