46 Colo. 145 | Colo. | 1909
delivered the opinion of the court:
Prom the printed abstract of record we are hardly able to ascertain the facts constituting this, controversy. The insufficiency of that instrument
Appellant has certainly failed to comply with Rules 14 and 17 of this court, and the appeal might properly be disposed of thereunder without further consideration.—Purdy v. Geary, 45 Colo. 129, 100 Pac. 426. We shall not, however, invoke the rules, as counsel say the failure of appellant to comply therewith was not intentional, but arose from unfamiliarity with the rules. Accordingly, we have resorted to the transcript of the record for an understanding of the issues involved.
It appears that appellee was a corporation engaged in publishing a daily newspaper in the city of Aspen, and was the owner of certain presses, linotype machines and other property used in its publication; that, on the 15th day of June, 1902, it leased said paper and property to the appellant for the term of one year, with the privilege of a second year. This lease was made subject to certain chattel mortgages on the plant and machinery, to wit: J. L. Weir, $500.00; the Mergenthaler Linotype Company, approximately $1,300.00. The indebtedness of the appellee, as shown by its books, was assumed by appellant, and the accounts due were turned over to him for collection; all collections so made to be applied to the liquidation of such indebtedness assumed, and surplus, if any, expended for the betterment of the plant. Appellant was to pay to appellee as rent 20 per cent, of the net proceeds derived from the printing and publishing of said paper. Appellant was also obligated to pay
From this judgment and decree, this appeal is prosecuted.
Appellant presents seven specific assignments of error. The first six are based upon the court’s refusal to admit evidence. Not the slightest effort is made, however, to show that such evidence was admissible under the law.' It is presumed the court did-not err in the admission or rejection of evidence and the burden to show error in that respect rests clearly upon appellant. Counsel assert that such evidence offered and refused was probative, but such assertion is hardly sufficient to convince the mind.
The seventh assignment asserts that the decree is contrary to the evidence and the law, and should have confirmed title of appellant to the property in question. It is contended that the foreclosures terminated the lease; that, if appellant did stay -in possession of the premises, it was at the sufferance of Brooks, the purchaser, under the foreclosure sales;
Appellant fails to show wherein the evidence is insufficient to support the judgment. This is incumbent upon him.—Runyan v. Sinyder, 45 Colo. 156, 100 Pac. 420. The findings of fact of the trial judge upon conflicting evidence is conclusive upon this court.—Mackey et al. v. Willson, 45 Colo. 316, 101 Pad 334. As to whether or not appellee made tender to appellant of the sum designated in the decree within the time limited, is not disclosed by the abstract, and if he has failed in that respect, what its effect would be upon the status of the parties is not before us, and we express no opinion thereon. Appellant has failed to point out any substantial error in this record, and the judgment is, therefore, affirmed.
Affirmed.