Fischer v. Richard Gill Co.

NORVELL, Justice.

After a trial before the court without a jury, judgment was rendered in favor of the plaintiff, Richard Gill Company (hereinafter referred to as Gill) and against defendants, Mrs. Max Fischer, Ray F. Fisch er and Frank K. Butcher, for the sum of $1,097.50. Defendants have appealed and plaintiff has filed cross-assignments of error, contending that it was entitled to a recovery of $2,090.

The facts are for the most part undisputed and no findings of fact or conclusions of law were requested or filed. The theory upon which plaintiff was,allowed a recovery was that defendants had…