Stork v. Townsend

This case came on to be 'heard upon the record, briefs, and argument of counsel;

And it appearing that appellant sought damages for fraudulent misrepresentation and for breach of warranty, and that the case was tried to the court without the intervention of a jury; and that the court, which heard numerous witnesses give sharply conflicting testimony, and made written findings of fact and conclusions of law, found that the appellant had failed to-establish the material allegations of his amended complaint by a preponderance of evidence;

And it appearing that this finding is not clearly erroneous…