Cline v. Sawyer, 5316
Decision Date | 23 October 1980 |
Docket Number | No. 5316,5316 |
Citation | 618 P.2d 144 |
Parties | Donald M. CLINE, Appellant (Defendant), v. Thomas SAWYER and Loeva Sawyer, Appellees (Plaintiffs). |
Court | Wyoming Supreme Court |
Stuart S. Healy of Kennedy, Connor & Healy, Sheridan, signed the brief on behalf of appellant. Appellant's case was submitted upon the brief.
Bruce P. Badley and H. W. Rasmussen of Badley, Rasmussen & Shoumaker, Sheridan, signed the brief and Badley appeared in oral argument on behalf of appellees.
Before RAPER, C. J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.
Appellant-defendant appeals from a judgment entered against him after a trial to the court, contending that the "findings of fact and conclusions of law * * * are not supported by the evidence." We affirm.
This is a second appeal in this matter. 1 Among the issues presented on the first appeal was whether or not the trial court erred in (1) failing to enter findings of fact and conclusions of law on specified issues as requested by appellant, and (2) that the findings of fact were not supported by the evidence. We found the findings to be deficient in failing to apportion the percentage of negligence as required by § 1-1-109, W.S.1977, and remanded the matter for such purpose, and we did not address the contention of error relative to sufficiency of the evidence to support the findings since the remand made such unnecessary. This second appeal again presents the sufficiency-of-evidence contention, the trial court having found appellant to have been 100 percent negligent and appellees to have been without negligence.
The standard by which we review the question of sufficiency of the evidence is well established:
* * *"(Footnote omitted.) Madrid v. Norton, Wyo., 596 P.2d 1108, 1117 (1979). And see Stock v. Roebling, Wyo., 459 P.2d 780, 784 (1969); Brittain v. Booth, Wyo., 601 P.2d 532, 535 (1979); Craver v. Craver, Wyo., 601 P.2d 999, 1001 (1979); Shores v. Lindsey, Wyo., 591 P.2d 895, 899 (1979).
The following Findings of Fact were made by the trial court:
Before considering the evidence in support of these findings in accordance with the aforesaid standard of review, we refer to our analysis of the theories of this case as set forth in the first appeal of it. See 600 P.2d at 731-732. We there concluded that the trial was conducted on both the theory of contract and the theory of negligence. We said in part
"The case should be treated as having been presented on the theory of contract and on the theory of negligence, with findings to be made on each. * * *" 600 P.2d at 732.
The first four of the trial court's findings were with reference to the contract theory. Finding 5 thereof was with reference to the negligence theory, and the last two findings were those upon which the court reduced the amount of damages claimed by appellees.
Evidence was presented and received that appellees had an agreement with appellant whereby appellant was to install water and sewer lines at appellees' trailer court; that appellant was the only licensed plumber on the project and was responsible for proper installation of the plumbing; that problems developed in the installed water and sewer lines in that a water line was connected to a sewer line, improper "saddle" connections were used instead of "in-line...
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