Burwell & Morford, Inc. v. Barnes

Citations

• 85 Wash. 153
• 147 P. 657
• 1915 Wash. LEXIS 1263

Syllabus

<p>Appeal and Error — Questions of Fact — Conclusiveness. Where the evidence is conflicting, the findings of the lower court ought not to be disturbed on appeal, unless contrary to the preponderance of the evidence.</p> <p>New Trial — Newly Discovered Evidence — Diligence. A new trial on the ground of newly discovered evidence is properly denied, where the evidence consisted of the testimony of an attorney who had represented defendants in a transaction involving the question of agency in the case and afterwards removed from the city, and which was as much in their power to produce at the time of the trial as it would be in case of a new trial.</p>