Salfield

This is an appeal from a judgment in favor of plaintiff and from an order denying a new trial.

The only question involved is the question as to whether the evidence sustains the findings and judgment of the court.

Mr. Sweeney (for Appellant): That is the only question.

The Court: This was an action brought by an architect to recover certain sums alleged to be due for a number of plans which he had drawn for the defendant, who was the owner of a lot upon which, apparently, he desired to build a house. Upon the trial of the case the two chief witnesses presented were the plaintiff and the defendant; and the question to which their testimony was directed was as to the oral agreements which had been made between them with reference to these several plans, and the understandings at the time this, that, or the other plan was found to be insufficient or impracticable for the uses of the defendant. The testimony is radically conflicting as to what the agreement was between the parties. The court apparently saw fit to adopt the version which the plaintiff gave of the understanding between the parties, and based its findings and judgment upon its acceptance of the plaintiff’s testimony.…