Elmore v. Graystone of Centralia, Inc.

Plaintiffs appeal from a judgment (a) dismissing their action for rescission of a contract and (b) foreclosing defendant’s labor and materialmen’s lien for the construction of a concrete silo built pursuant to the contract.

Plaintiffs make 9 assignments of error: 5 to findings of fact entered; 3 to findings of fact requested but refused; and 1 to entry of judgment.

The first two categories of assignments of error present nothing but a conflicting interpretation by the parties of the evidence. The trial judge remarked, “There is considerable dispute in the evidence.” A review of the record…