Opinion
Argued July 8, 1966
Affirmed September 9, 1966 Petition for rehearing denied October 11, 1966
Appeal from Circuit Court, Marion County.
GEORGE A. JONES, Judge.
Allan G. Carson, Salem, argued the cause for appellant. With him on the briefs were Carson, Carson Carson, Salem.
Steve A. Tyler, Junction City, argued the cause and filed a brief for respondent.
Before McALLISTER, Chief Justice, and PERRY, SLOAN, HOLMAN and HAMMOND, Justices.
AFFIRMED.
Plaintiff brought this action to recover the reasonable value of a used sander it alleged it had sold to defendant. Defendant answered with a denial and a counterclaim for fraud. The case was tried to the court without a jury. The court found for plaintiff and entered judgment accordingly.
The real answer is that the evidence presented supports the finding of the trial court. It is not our function to review the evidence. ORS 17.435. In Honeywell, Admx. v. Turner et al, 1958, 214 Or. 700, 705, 332 P.2d 638, 640, we emphasized that "The finality of a finding by the trial court when sitting as a jury is too frequently lost sight of." It was in this appeal.
Judgment affirmed.