Avery Scale Co. v. Gottfried Brewing Co.

<p>Abstract of the Decision.</p> <p>1. Sales, § 271*—when evidence shows breach of warranty as to working of scales. In an action to recover the contract price of scales and other merchandise, where the weight of the evidence showed that the scales failed to fulfil guaranties as contained in certain written contracts, and that they did not work properly, and that demands were made upon the plaintiff to put them in proper condition and that plaintiff tried to do so but failed and the scales were inaccurate and without value, the evidence was held insufficient to sustain a finding for the plaintiff.</p> <p>2. Witnesses, § 316*—weight to he given to testimony of attorney in case. Little weight should be given to the testimony of 'a witness who is also the acting attorney for one of the litigants.</p> <p>3. Appeal and error, § 461*—when a finding is against the weight of the evidence. Where the testimony is conflicting and the evidence of plaintiff is sufficient, when considered alone, to sustain a finding of the trial court in. plaintiff’s favor, the Appellate Court is not bound by such finding, if the same appears to be against the weight of all the evidence.</p>