Smith v. Telford
Smith v. Telford
Opinion of the Court
— This action was brought to recover the value of approximately thirty-seven cords of wood, alleged to have been wrongfully converted by defendant to his own use. The answer was a general denial. The case was tried to the court without a jury, and resulted in findings of fact, conclusions of law and a judgment sustaining the right of the plaintiffs to recover in the sum of $217. From the judgment so entered, the defendant appeals.
Upon the merits, the questions presented are those of fact. The appellant was the owner of a farm in Lincoln county upon which there was certain timber land. In the fall of 1919, he contracted orally with O. C. Smith for the cutting of a portion of the timber into cord wood. After the contract was made, O. C. Smith, together with his brothers, C. L. and E. A., entered upon its performance and cut approximately eighty cords of wood. After the completion of the cutting, the respondents approached the defendant for the purpose of a settlement in accordance with the terms of what they claim to be a contract. At this time it developed that the views of the respective parties as to the contract were divergent. The respondents claimed that they were to cut forty cords for the appellant, for which they were to receive the reasonable value for cutting, which was not less than $3.50 per cord, and that for the other forty cords they were to pay $2 per cord stumpage. The appellant claimed that the contract was that the wood should be equally divided, the respondents taking forty cords
It thus appears that there were three questions of fact upon which the evidence was directly conflicting: first, as to the terms of the contract; second, as to the settlement; and third, as to whether the respondents had been forbidden the entry upon the premises and the removal of the wood. Upon all these issues the trial court found specifically, supporting the contentions of the respondents. A careful reading of all the evidence leads to the conclusion that the findings of the trial court are supported by the weight thereof. It would serve no useful purpose to prolong this opinion by a detailed discussion of the evidence of the respective parties.
The appellant makes a further contention that evidence was wrongfully admitted, over his objection, which tended to support an attempt at compromise. The evidence offered was in support of what the respondents claim was a compromise and settlement, and
The judgment will he affirmed.
Parker, O. J., Holcomb, Mackintosh, and Hovey, JJ., concur.
Reference
- Full Case Name
- O. C. Smith v. Maxwell H. Telford
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Appeal (418) — Review—Findings. A finding by the trial court on conflicting evidence will not be disturbed on appeal, where it is supported by the weight of the evidence. Evidence (86) — Admissions — Oeeer oe Compromise. Evidence tending to support an actual compromise and settlement is not within the rule which does not permit evidence of an offer of compromise. Appeal (437) — Review—Harmless Error — Rulings on Pleadings. The denial of a motion to make a complaint more definite and certain cannot be urged as error on appeal, where the record shows that no prejudice resulted to appellant on account of the denial.