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Gilbert v. Rogers
Citations: 351 P.2d 535; 56 Wash. 2d 185; 1960 Wash. LEXIS 330Docket: 35129
Court: Washington Supreme Court; May 5, 1960; Washington; State Supreme Court
W.G. Gilbert filed a lawsuit against R.E. Rogers and others, resulting in an appeal after the trial court ruled against the defendants on two claims: fraud and breach of contract. The Supreme Court of Washington affirmed the trial court's decision, emphasizing that their role is limited to determining if substantial evidence supports the findings of fact, without re-evaluating factual disputes. In the fraud claim, Gilbert alleged that Rogers misrepresented the boundaries of timberland, leading him to enter a logging contract. Gilbert asserted that he would not have agreed to the contract had he known that the valuable timber actually belonged to the government, and presented testimony to support his claim. The trial court found Gilbert's evidence credible, while discrediting Rogers' testimony and that of his witnesses, concluding that Rogers testified falsely. For the breach of oral contract claim regarding the construction of a logging road, the appellants argued that the statute of limitations barred the claim. However, the trial court determined that the contract was timely executed based on evidence presented by Gilbert, which the court found credible against the appellants' conflicting evidence. The Supreme Court affirmed the trial court's findings and awarded costs to Gilbert.