Bruning Seeding Co. v. McArdle Grading Co.

This is an appeal and cross-appeal from the district court for Douglas County following a verdict for the plaintiff in a contract action. In a trial to the bench, the court returned a verdict for the plaintiff in the amount of $19,580.

There are many contested facts in this case; however, in an action at law, where a jury has been waived and evidence is in conflict, the Supreme Court, in reviewing the judgment, will presume that controverted facts were decided by the trial court in favor of the successful party, and those findings will not be disturbed on appeal unless clearly wrong. It is not…