Goode v. Powers

UDALL, Chief Justice.

Gene C. Powers, hereinafter referred to as appellee, sued Mark Goode, hereinafter referred to as appellant, to collect the balance due on a contract. Appellant’s sole defense was that the contract was contrary to public policy and, therefore, illegal. The lower court entered judgment for the appellee and this appeal resulted.

Since the case was tried to the court and no express findings were made, we must presume that the lower court’s conclusions on every necessary issue and its findings on every controverted fact are such as to support the judgment. Foote v. Gerber, 85…