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97 Nev. 103

625 P.2d 84

Pace v. Linton

Nevada Supreme Court

Decided March 19, 1981

Nevada Supreme Court · decided 1981-03-19

Cited by 8 later decisions — most recently December 1995

8 state decisions

Key passage — most relied on by later courts

“Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. NRCP 52. Our task when reviewing the appropriateness of findings and judgments rendered by district courts is to “. . . determine whether there is substantial evidence in the record to support the findings and judgment of the district court.””

quoted by 1 later decision, including Udevco, Inc. v. Wagner

Relies on Brandon v. Travitsky · Utley v. Airoso · Savini Construction Co. v. a & K Earthmovers, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1981-03-19

View the full empirical analysis of this case →

¶1 OPINION

Per Curiam:

¶2 This is an appeal in a breach .of contract action. The respondent Linton, a Nevada architect, sued to recover a $10,000.00 professional fee for services rendered to appellants in the construction of the Post Realty Building in Las Vegas. On appeal, the sole question is whether sufficient evidence was adduced to justify the district court’s determination that-respondent had performed his contractual obligations and was entitled, therefore, to the agreed-upon compensation.

¶3 Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. NRCP 52. *104 Our task when reviewing the appropriateness of findings and judgments rendered by district courts is to “. . . determine whether there is substantial evidence in the record to support the findings and judgment of the district judge.” Utley v. Airoso, 86 Nev. 116, 118, 464 P.2d 778 (1970); Savini Constr. Co. v. A & K Earthmovers, 88 Nev. 5, 7, 492 P.2d 125 (1972); Brandon v. Travitsky, 86 Nev. 613, 615, 472 P.2d 353 (1970).

¶4 Here, although the evidence was conflicting, there was substantial proof to support the district court’s findings and judgment. Accordingly, we affirm the court’s judgment and its award of damages.

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