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6 Colo. 242

Schleier v. Luedeke

Supreme Court of Colorado

Decided April 15, 1882

Supreme Court of Colorado · decided 1882-04-15

The plaintiff obtained a verdict and judgment for $442.50; a motion for a new trial having been overruled, the defendant below prosecutes this appeal! The evidence as disclosed by the record was as follows: Luedeke testified: “I first met Mr. Schleier in the little building of John Aisley, and somebody told me he was going to build, and he would like to take me as an architect. Well, he said yes; then he asked me, he don’t want to pay very much.

Decided 1882-04-15

Elbert, C. J.

¶1We are asked to reverse the judgment .of the court below on the ground that it is not supported by the evidence.

¶2We have had frequent occasion to lay down the rule that where the testimony is conflicting, and the verdict is not manifestly against the weight of evidence, the verdict will not be disturbed. Barker v. Hawley, 4 Col. 327, and cases cited.

¶3In this case there was a conflict of testimony touching "the memoranda signed by appellee. The appellant testified that it referred to the plans, specifications and superintendence of- .the Tribune building. The appellee testified that it referred to a building to be erected on Arapahoe •street. Neither was supported by other testimony.

¶4We see no ground for saying that the jury should have ;given credit to the appellant rather than to the appellee. The case of Walling v. Warren, 2 Col. 434, was similar *248in its facts, and the court refused to disturb the verdict.

¶5The judgment of the court below is affirmed with costs.

¶6Affirmed,

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