Bassen v. Andrews
Bassen v. Andrews
Opinion of the Court
— The respondents, Bassen, instituted this action against the appellant, Andrews, to recover a money judgment. In their complaint they alleged that, on June 3,1919, they sold to the appellant certain described real property, for a consideration of three thousand five hundred dollars; that three thousand dollars of the consideration was- paid in cash, and a note for five hundred dollars, bearing six per cent interest, due in one year, was given to evidence the deferred payment; that, on the due date of the note, it was presented to the appellant for payment; that the appellant then stated that he did not have the cash with which to pay the note and asked that the time of payment be extended one month; that the extension was granted on the condition that the interest then due be paid, which interest was paid two days thereafter, the respondent Paul Bassen executing a receipt acknowledging the payment; that, at the expiration of the extension period, the respondent again presented the note for payment, at which time the appellant stated he would pay it on the sixth of the month, some three days later; that the note was again presented to the appellant on the sixth day of the month by the respondent Paul Bassen, when the appellant, under the pretense of examining it, took it from the respondent’s hands and destroyed it, refusing then and thereafter to pay the note or the amount thereof. The prayer was for the amount of the note with interest.
Answering the complaint, the appellant admitted the purchase of the property, but denied each and every other allegation contained in the complaint.
The cause was tried by the court sitting without a jury, and resulted in a judgment in favor of the respondents.
The contention in this court is that the evidence preponderates against the conclusion of the trial court,
The trial court had the superior advantage to judge of the truthfulness of the testimony of the witnesses, and, in instances of this sort, we feel that such an advantage ought to he controlling.
The judgment is affirmed.
Parker, C. J., Mitchell, Tolman, and Bridges, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.