MERCHANTS SOUTHWEST TRANSFER & STORAGE CO. v. MONTGOMERY WARD & CO.

MERCHANTS SOUTHWEST TRANSFER & STORAGE CO. v. MONTGOMERY WARD & CO.
1921 OK 39
225 P. 355
99 Okla. 27
Case Number: 14635
Decided: 02/05/1921
Supreme Court of Oklahoma

MERCHANTS SOUTHWEST TRANSFER & STORAGE CO.
v.
MONTGOMERY WARD & CO.

Syllabus

¶0 1. Appeal and Error--Sufficiency of Evidence--Judgment. In an action at law, where there is evidence reasonably tending to sustain the judgment, it will not be disturbed on appeal.
2. Same--Affirmance. Record examined, and held, the evidence was sufficient to sustain the judgment. Commissioners' Opinion, Division No. 1.

Gasper Edwards, for plaintiff in error.
Oliver C. Black, for defendant in error.

RAY, C.

¶1 Montgomery Ward & Company recovered judgment against the storage company for the value of 26 bales of binding twine alleged to have been left in its warehouse which was unaccounted for and for which it refused to pay. The only contention made by the storage company in its brief is that the evidence was insufficient to sustain the judgment. Plaintiff's witnesses testified that its records showed that on October 26, 1920, it left with the defendant in its warehouse in Oklahoma City 3,109 bales, and 2 bales had been returned by customers, and that the defendant had shipped out on orders of the plaintiff all but 27 bales, which it had failed to account for, and for which it refused to pay, and furnished a complete itemized statement of the account. The only defense was that the bales were not counted at the time they were left with the defendant and no warehouse receipt given, but that it received a room full of baled twine, which it was impossible to count, but estimated to be 3,109 bales.

¶2 We think the evidence sufficient to sustain the judgment. Affirmed.