Herbert A. Nieman & Co. v. Holton & Hunkel Greenhouse Co.

Upon this appeal the defendant makes two principal contentions: (1) That the evidence does not sustain the court’s findings as to damages; (2) that under the undisputed facts, the damages could not exceed $66.25.(1) While there is a. wide discrepancy as to the damage done by the excavation and removal of the earth, as between the witnesses for the plaintiff and those for the defendant, it cannot be said that the testimony which tends to support the conclusion reached by the trial court is incredible or that the witnesses are unworthy of belief. Therefore we cannot disturb the findings of the…