Fickett
Kimball Motor Truck Corp. v. Fickett
Opinion
Lead Opinion
Marks, J.
Respondent instituted this action to recover for labor performed and for wares and merchandise sold and delivered to appellant between July 1, 1925, and February 1, 1926. Several causes of action based on the same accounts, and an account stated, were separately pleaded.
Appellant in his answer denied the existence of an account stated and denied the major portion of the indebtedness. In a separate defense he alleged that the labor and materials were furnished by respondent to a corporation and not to him.
The trial court found that between July 1, and December 1, 1925, respondent had furnished to appellant labor, goods, wares and merchandise of the reasonable value of $6,727.36, and that on January 13, 1926, appellant became indebted to respondent in the further sum of $16.2.08. The court further found that there was an account stated between the parties under date of November 30, 1925, in the sum of $6,727.36.
The sufficiency of the evidence to support these findings is the sole question presented on this appeal. We have carefully examined the record and while the evidence is sharply conflicting we have concluded that the findings and judgment are supported by competent…