Gathright v. Burke

The appellants brought this action to recover the value of a lot of flour alleged to have been sold and delivered by them to the appellee.

The questions in the case arise on the evidence, and the controlling one is: To whom was the flour sold and delivered, the appellee James Burke, or his son William Burke ? The court held that the purchaser was the son and not the father.

It is settled that where the evidence is conflicting, this court will not undertake to weigh it, but will accept that which the trial court accepted as credible and satisfactory. Arnold v. Wilt, 86 Ind. 367; Cain v. Goda, 94…