33 Ind. 86 | Ind. | 1870
This case- is- here- upon the- evidence.. The matter-in dispute between the-parties seems.to-be this;. Smith and Eruger-had:been partner’s in two-street contracts;, ©ne on Circle street, and the ether- on- Washington street. Eruger, according- to bis claim,, offered to Smith,.to stand all the loss that had been made, if Smith would get some one to-take the contract off" their hands.. The- Washington street contract had been completed at the time of this offer.. The-loss on the Circle street- contract was about two» thousand dollars, but there had been a profit on the other-contract of about eight hundred dollars, making* the loss, including both, of' some twelve hundred dollars. Eruger claims that he should only be charged on settlement with the-’ actual loss, while Smith claims- that Eruger’ should be charged' with a loss of two-thousand’ dollars.
We have examined the evidence, which is- in the-record.. The case was. tried by the judge of the court below, who heard all the evidence- from the-witnesses» themselves.. It is» not our- province to- interfere with his finding;, unless it is. clearly against the evidence, and can he considered only as» the result of passion,, prejudice,, or-a- palpable misapprehension. of the facts.
We are not preparedtto-say that the findiDgis even against the weight of the- evidence.. The- result arrived at was certainly an equitable one, and wo seenothingin the testimony which under any rule of law would require a different findwg- .
_ It is. claimed,, that thera had been. an. account stated be?
The court below committed no error in overruling tbe motion for a new trial.
Judgment affirmed, with costs.