Bedford

This is an appeal from a judgment for plaintiff for $779.47, the balance found by the court to be due for services performed under a contract with defendant at the rate of $95 per eight-hour day. The plaintiff contracted to furnish the necessary equipment and with such equipment to transport the salvaged pieces of steel from the wreck of the steamship “Coos Bay” in the Golden Gate in San Francisco to the roadway above the ship. After about three weeks defendant terminated the contract on the ground, among others, that plaintiff had not furnished the necessary equipment to do the work as contemplated by the contract.

The trial court found that the plaintiff furnished all necessary equipment, and the sole point on appeal is that this finding is not supported by the evidence. It is a commonplace of appellate procedure that every intendment is to be indulged by the appellate court in favor of the trial court’s findings, that only the evidence most favorable to the successful litigant is to be considered, that where divergent inferences reasonably may be drawn from the evidence that inference is to be indulged .which will support the trial court’s action, and that with all this in…