Elmore v. Graystone of Centralia, Inc.
This text of 387 P.2d 75 (Elmore v. Graystone of Centralia, Inc.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Plaintiffs appeal from a judgment (a) dismissing their action for rescission of a contract and (b) foreclosing defendant’s labor and materialmen’s lien for the construction of a concrete silo built pursuant to the contract.
Plaintiffs make 9 assignments of error: 5 to findings of fact entered; 3 to findings of fact requested but refused; and 1 to entry of judgment.
The first two categories of assignments of error present nothing but a conflicting interpretation by the parties of the evidence. The trial judge remarked, “There is considerable dispute in the evidence.” A review of the record discloses that the findings are supported by substantial evidence; we cannot disturb them. Thorndike v. Hesperian Orchards, Inc., 54 Wn. (2d) 570, 343 P. (2d) 183 (1959).
The findings of fact support the conclusions of law and judgment.
The judgment is affirmed, but the cause is remanded to the trial court to consider defendant’s motion for an award of attorneys’ fees on appeal. RCW 60.04.130; Hopkins v. Ulvestad, 46 Wn. (2d) 514, 522, 282 P. (2d) 806 (1955).
It is so ordered.
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Cite This Page — Counsel Stack
387 P.2d 75, 63 Wash. 2d 250, 1963 Wash. LEXIS 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elmore-v-graystone-of-centralia-inc-wash-1963.