Tate v. Sutherland

Plaintiff instituted this action to recover for an agreed value of peas sold and delivered to defendant. After trial to the court, sitting without a jury, the court made findings of fact and conclusions of law. Thereafter, based upon its findings and conclusions, the court entered judgment in favor of defendant. Plaintiff, appealing to this court, makes nine assignments of error, which attack the findings and judgment of the trial court.

We shall set out the pertinent undisputed facts and the testimony of some of the witnesses: Appellant was a farmer, living near Colfax, and respondent was…