Whipple v. Lambert

In a small claims action, Beverly Whipple, plaintiff, alleged that defendant sold to her four retreaded tires on June 6, 1983, which tires were defective. She sought damages in the amount of $200 plus costs.

At the close of the evidence, after a bench trial, the court made oral findings and entered judgment for the defendant, dismissing plaintiff’s complaint.

On appeal, the plaintiff raises the single issue that the court’s findings are not supported by the evidence, and therefore the judgment should be reversed and we should enter judgment for her.

There was a conflict in the evidence as to the…