Spencer Oil Co. v. Welborn

BROCK, Chief Judge.

It appears to us that the findings of fact by the trial judge do not support his conclusion “that the plaintiff has shown no right to recover against the defendant, Ruth Welborn.”

The trial court found from competent evidence the following facts, among others:

*685“ (8) That thereafter defendant, Austin Welborn, returned to plaintiff with the bond and guaranty agreement signed by himself and his wife, . . . and delivered said bond and guaranty agreement, along with the contract to plaintiff.”

“(7) ‘ . . . [T]hat defendant, Ruth Welborn, never at any time informed plaintiff that…