Doyle v. Frank Douglas Machinery Co.

This cause was tried by the court, by consent of parties, without the intervention of a jury, and judgment rendered against the defendant for the sum of $3027.62.

The first position assumed by the plaintiff in error is, the judgment is not supported by the evidence. We have carefully examined the testimony contained in the record, and the evidence, as it was introduced before the court, without objection, is ample to sustain the judgment rendered.

It is claimed there is a variance between one of the notes offered in evidence and the declaration. This is true; yet the note was introduced in…