Earl v. Napp

Defendant contends that, in view of the conflict in.the evidence, it was error for the court to substitute an affirmative answer for the jury’s finding that the defendant did not authorize the application of the value of the lime as a partial payment on the note. A review of the evidence on that issue of fact discloses that, although the evidence well warranted the court’s finding, it cannot be said that the evidence did not also admit of the jury’s finding, if the jury believed that defendant’s testimony was credible. Under those circumstances, the court could not rightly substitute its…