Frederick A. Schmidt, Inc. v. Institutum Divi Thomae Foundation

I cannot agree with the majority of my colleagues in this decision to reverse the judgment of the Common Pleas Court in this case:

It must be kept in mind that the case below was tried to the court by agreement of counsel. In other words, the court was the trier of the facts. It hears the testimony of the witnesses; it observes the decorum of the interested parties, their candor or lack thereof, and is in better position than this court to assay the probative value of that testimony. The testimony of plaintiff’s witnesses is in direct conflict with that of Dr. Sperti; the trial court had the…