5 Ind. App. 574 | Ind. Ct. App. | 1892
The appellant in this case filed a claim against the appellee as the administrator of the estate of Adam Renbarger, deceased, for services rendered by him for the said Renbarger in his lifetime. It appears that 'the said Renbarger at the time the said services were rendered was the owner of a hotel in the town of Walker-ton, Marshall county, Indiana, which he desired to exchange for a farm owned by one Hannah Sheatslev, and to
The only point we have to consider is, does the evidence, as it appears in the record, amount to proof of the appellant’s claim ? After having carefully read the evidence and the argument of counsel, we are unable to understand upon what theory the judgment of the court was rendered. The record shows that there was no substantial conflict in the evidence given at the trial. The terms of the contract were clearly proved by a number of witnesses. If there were any circumstances, conditions or evidence that justified the judgment rendered they do not appear in the record. This case does not come within the rule that this court will not reverse a judgment of a court below upon the mere weight of testimony. To per
Judgment reversed, with costs.