Briney v. Toews

The opinion of the court was delivered by

Wedell, J.:

This was an action to recover commissions for the sale of petroleum products alleged to be due under an oral contract. The action was tried by the court. Plaintiff prevailed, and the defendant appeals.

Subsequent to the filing of the appeal in this court, H. B. Briney, appellee, died, and the action and judgment have been revived in the name of Wayne Briney, administrator of the decedent’s estate.

The appeal is from an order overruling defendant’s motion to strike certain findings of fact and conclusions of law and from the order overruling…