Lowell v. Pendleton Auto Co.

An appeal in an equity suit in this state is tried in the appellate court de novo: Morse v. Whitcomb, 54 Or. 412 (102 Pac. 788, 103 Pac. 775, 135 Am. St. Rep. 832). We have therefore read carefully all the testimony and have considered fully all of the exhibits. For us to set forth in these reports our comparison and consideration of the evidence would accomplish no permanent good. We shall therefore confine ourselves to the statement that we believe that a preponderance of the evidence supports the foregoing findings of the trial judge; he was able and bore a well-deserved reputation for…