Sterling Adjustment Co. v. Laher Auto Spring Co.

Upon a trial by the court sitting without a jury plaintiff recovered judgment in the sum of $2,509.94, with interest, for goods alleged to have been sold and delivered to defendant by plaintiff’s assignor. Defendant appeals from the judgment.

Appellant contends that the findings are not supported by the evidence. In our opinion this contention must be sustained, but we do not deem it necessary to discuss all of the various claims of insufficiency. Respondent’s right to recover as the alleged assignee of the seller of the goods was dependent upon allegation and proof of an assignment. An…