Gilbert v. Bostona Mines Co.

In this action plaintiff recovered on verbal contract for the performance of labor and was awarded foreclosure of a labor lien. The case was tried to the court without a jury and the court made findings and conclusions in favor of the plaintiff on all material issues. Accordingly, this appeal falls within the rule which we have frequently announced that on appeal to this court the presumption is that the findings of the trial court and its judgment based thereon are correct and must be sustained when supported by substantial evidence. See Sanders v. Lucas, 111 Mont. 599, 111 Pac. (2d) 1041,…