McCarty v. Sauer

ON PETITION FOR REHEARING. (May 8, 1943.) DUNLAP, J. In view of the allegations in the petition for rehearing and the earnestness with which it is urged by counsel for appellants the evidence in this case before the court has again been carefully examined, and we are convinced that the errors urged are without merit. On the question of respondents’ open account against appellants, and the items of charges and credits by them, there was of course, a conflict in the evidence. It is our opinion that the decision of the trial court as to the status of this account is sustained by the following table of charges and credits: *758 Under the well known rule of this court on the question of conflict of evidence, we are not at liberty to disturb the findings of the trial court, and we believe its findings are amply supported by the evidence. Therefore, the judgment for $3698.67 and interest in *759 favor of respondents against appellants, is reaffirmed, respondents to deliver to appellants the certificates of sale of state land, appellants to pay the balance due the state thereon. Petition for rehearing denied. Ailshie and Givens, JJ., and Sutton, D.J., concur. Budge, J., sat at the hearing in this case, but did not participate in this opinion. Holden, C.J., deeming himself disqualified, did not sit at the hearing or participate in the opinion and in his place Sutton, D.J., sat.