Funk v. Hensler

Citations

• 31 Wash. 528
• 72 P. 102
• 1903 Wash. LEXIS 663

Syllabus

<p>APPEAL — TRIAL DE NOVO — INSUFFICIENCY OF EVIDENCE.</p> <p>Where the evidence is conflicting, but the preponderance does not seem to be clearly against the findings of the trial court, such findings will not be disturbed on appeal, even in cases triable de novo.</p> <p>SAME-IMPROPER ADMISSION OF EVIDENCE-REVERSAL.</p> <p>When a cause is triable de novo on appeal, it will not be reversed for the improper admission of testimony when there is sufficient other competent testimony in the record to sustain the judgment.</p> <p>RESULTING TRUST — PURCHASE OF REALTY.</p> <p>The fact that plaintiff paid all the money required as the purchase price of a tract of land conveyed to defendant would not create a resulting trust in favor of plaintiff for the whole of such land, when the agreement between the parties was that plaintiff was to have but one-half of the tract for the money advanced by him.</p>