Mellen Produce Co. v. Fink

Fowler; J.

As appears from the preceding statement of facts, the action is replevin to recover possession of lumber and the appellant's complaint was dismissed. The appellant assigns as error that the court erroneously found that the oral agreement of sale referred to in the statement of facts was made. This finding is amply supported by the evidence. Nothing more will be said relating to this assignment. The appellant also assigns as error that the court erroneously determined that its mortgage referred to in the statement of facts was invalid except as to 5,655 feet of the lumber. This…