Cowitz v. Miller

Plaintiff appeals from a judgment dismissing with prejudice his claim for damages. Defendant-respondent did not file a brief in this court.

The case was tried to the court. At the close of plaintiff’s evidence a challenge to its sufficiency was sustained. The judge announced in his oral opinion that he was weighing the evidence, hence it would be necessary to enter findings óf fact and conclusions of law.

The posture of this appeal is, therefore, controlled by the rule expressed in Richards v. Kuppinger, 46 Wn.2d 62, 278 P.2d 395 (1955), and interpreted, after our decision in Thorndike v.…