Radich

Radich v. Gak

Good Law
1923 Cal. App. LEXIS 512·61 Cal. App. 375·214 P. 1000
Court of Appeal of CaliforniaMarch 14, 1923Civ. No. 2577.California689 words

Opinion

Lead Opinion

Burnett, J.

The action was brought to recover the sum of $560, the balance due, according to the claim of plaintiff, on the loan of $810 which he had made to defendant. The judgment was in favor of plaintiff for the sum of $560 and the appeal is from said judgment. [1] The only point made is that the evidence is insufficient to support the finding of the court “That at various times between the first day of January, 1920, and the first day of April, 1920, the defendant became indebted to the plaintiff in the sum of $810 on account loaned by the plaintiff to the defendant.” Strange to say, however, appellant admits that as to this material finding there is a conflict in the evidence. Appellant seems to be of the opinion that this court must hold that it was necessary for the testimony of the plaintiff to be corroborated in order to justify the finding. Of course such contention is utterly untenable. The proposition is so elementary and well established that appellate courts cannot interfere with the finding of the trial court if it is supported by the testimony of one witness unless such testimony appears inherently improbable that the citation of authority is not needed. The only exception to…

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