Rabbit Ear Cattle Company v. Frieze

OPINION

COMPTON, Justice.

Plaintiff brought this action to recover $832.00 alleged to have been mistakenly overpaid to the defendant for pasturage. The defendant denied any mistake of fact and, at a hearing, the trial court found for the plaintiff. Judgment was entered accordingly, and the defendant appeals.

The question on appeal is whether there is sufficient evidence to support the trial court’s finding that the plaintiff mistakenly paid the defendant a balance of $4,160.00 for pasturage of plaintiff’s cattle for the 1965 season when the claimed true balance owing by plaintiff was $3,328.00.

Bo…