[Download] "Dalakow v. Geery" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Dalakow v. Geery
- Author : Supreme Court of Montana
- Release Date : January 18, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
CONTRACTS ? TRIAL ? APPEAL AND ERROR. 1. Trial ? Office of trial court. In case tried to court, it is the trial courts office to resolve inconsistencies in the testimony. 2. Appeal and Error ? When findings will not be disturbed. Where the evidence is fully considered and furnishes reasonable grounds for different conclusions, the findings of the trial court in case tried without jury will not be disturbed. 3. Appeal and Error ? Presumption of correctness of judgment. In entering upon review of evidence on appeal, the Supreme Court indulges presumption that judgment is correct and will draw every legitimate inference therefrom to support the presumption. 4. Contracts ? Evidence sustained findings of contract modification. In action by bridge construction subcontractor against road construction contractor to recover portion of acceleration payment, evidence sustained trial courts findings that written subcontract was orally modified so as to provide for acceleration of certain items of work by subcontractor and for payment of additional sums - Page 458 to subcontractor and that there was consideration for the modification and that such work was performed by subcontractor.