Woodard

On behalf of the appealing defendant it is repeatedly stated that but one question is involved on this appeal: Does the evidence support the findings of fact? We see no reason to disagree with the defendant in this position, but we do differ with the answer he gives to the question. We have concluded that the evidence gives substantial support to the findings, and therefore conclude that the judgment should be affirmed.

The contention of the defendant that the evidence is insufficient to support the crucial findings is twofold: That there is no evidence that the parties ever came to a meeting of the minds; but that if they did, a contract did not result because it was their intention to put it in writing, and this they never succeeded in doing. These two positions are somewhat intertwined in defendant’s presentation, for in large measure Ms contention that there was no meeting of the minds is dependent on the fact that their attempts to agree upon the terms to go into the writing were unproductive.

The first finding of fact, one that the defendant challenges, gives us a pretty good understanding of what the action is about. It reads: “Plaintiff and defendant John Schwartz…