Henderson v. Murphy Oil Corp.

Michigan Court of Appeals

Henderson v. Murphy Oil Corp.

197 N.W.2d 843, 39 Mich. App. 634

Michigan Court of Appeals·Decided March 30, 1972·No. Docket No. 10476·Published

Opinion

Per Curiam.

Plaintiff, who operated a gasoline service station, brought this action seeking to recover for shortages in gasoline delivered to him by the defendant. The trial court, sitting as the finder of fact, found for the plaintiff and the defendant has appealed.

In cases heard by the court without a jury, findings of fact can be set aside only if they are clearly erroneous. GCR 1963, 517.1. Such is not the situation here. The record contains more than enough evidence to support the trial court’s finding that the plaintiff received less gasoline than he paid for.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Plaintiff, who operated a gasoline service station, brought this action seeking to recover for shortages in gasoline delivered to him by the defendant. The trial court, sitting as the finder of fact, found for the plaintiff and the defendant has appealed.

In cases heard by the court without a jury, findings of fact can be set aside only if they are clearly erroneous. GCR 1963, 517.1. Such is not the situation here. The record contains more than enough evidence to support the trial court’s finding that the plaintiff received less gasoline than he paid for.

Affirmed.

Henderson v. Murphy Oil Corp., 197 N.W.2d 843, 39 Mich. App. 634 (Mich. Ct. App. 1972).

Pincite

197 N.W.2d 843 (Henderson v. Murphy Oil Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.