This case involved a lawsuit by Sethman against Ross Mining & Milling Co. to recover payment for three claimed services: a $1,000 metallurgical analysis of ores, an assigned $200 claim for a mining engineer, and $1,500 remaining on a $3,000 oral contract to repair and ready a smelter for operation. The trial court found for the plaintiff and entered a $2,200 judgment. On appeal, the court affirmed, holding that the record supported the judgment based on the first and third claims even if errors existed on the second, because evidence was conflicting on contract performance but the trial court could credit the plaintiff's witnesses and make appropriate deductions for incomplete work.

business & regulatoryproperty