Northwest Auto Co. v. Mulligan Lincoln-Mercury, Inc.

(after stating the facts). The case was tried to the court, without a jury. Defendant’s ■counsel correctly characterized it, in his opening statement to the trial court, as presenting questions of fact only. He went on to say that “basically, I think the whole thing is a question of what condition the building was in at the time possession was given up.” So, and in array with the circuit judge’s decision upon the facts, we are confronted again with claim that the jugment below is contrary to the clear preponderance of the evidence. In these circumstances we refer to what was said of our…