Caswell

Plaintiff had judgment in an action for

the value of 192 sacks of beans alleged to have been converted by the defendant Baker & Co., from which judgment the defendant appeals. Both the appellant and the respondent set forth a résumé of the testimony in the briefs submitted on this appeal. After setting forth the testimony, appellant makes this statement: “With these facts in mind, it is the contention of the defendant that no credence can be placed upon his (plaintiff’s) testimony as to what he did, or where he did it, and that such testimony should be given no credence in the consideration by the court as to whether he is entitled to relief.” It is almost commonplace for us to state that with the credi-' bility of witnesses courts of appeal have nothing to do. The trial court has the witnesses before it and if the trial court accepts the testimony of a witness and there is nothing inherently improbable in the witnesses’ testimony, or nothing showing that it cannot be true, courts of appeal are bound by the determination of the trial court.

The testimony set forth in the transcript shows that during the year 1922 one McBride was a tenant of the plaintiff Caswell; that during the…