Grand Island Finance Co. v. Fowler

I have no criticism to make of the principles of law, as announced in the syllabus of the majority opinion. Some important facts are overlooked which, in my opinion, when fairly considered, require an affirmance of the judgment of the district court, instead of its reversal.

• This is a law action, in which the parties waived a jury and tried the cause to the court. Under such circumstances, the finding of the trial court has the same force and effect as the verdict of a jury. McCarter v. Cover, 122 Neb. 691, same case in 122 Neb. 833; Bliss v. Peters Nat. Bank, 122 Neb. 76; Cook v. Moats, 121…