Morris v. Drescher , 123 S.W.2d 958 ( 1938 )

GEORGE, Justice.

M. Morris, appellant, instituted suit against Floyd L. Drescher, on October 2, 1935, founded on an alleged verbal agreement of March 1, 1935, by Floyd L. Drescher to repay him certain sums of money advanced by him in making improvements on property leased by him and Carl F. Arthofer, partners, from Drescher. On December 22, 1936, Anna Blanche Drescher and Dorothy Lynn Drescher, surviving widow and minor daughter respectively of Floyd L. Drescher, deceased, filed amended answer and cross-action, and M. Morris, on December 22, 1936, filed first supplemental petition and answer to cross-action, and on December 29, 1936, filed amended petition. The case was tried before the court without a jury and judgment was rendered for appellees on their cross-action for past due rent against M. Morris and for title and possession of certain real property against M. Morris and Carl F. Arthofer.

The trial court found that.no such verbal agreement was made, and if there is any evidence of substantial probative force to support such finding, then same is binding on us and will be accepted by us as our finding. The credibility of the witnesses and the weight to be given their testimony was solely for the trial judge. Jackson v. Watson, Tex.Com.App. 10 S.W.2d 977, par. 2; Dolen v. Lobit, Tex.Com.App. 262 S.W. 731; 3 Tex.Jur. par. 762, p. 1092; par. 765, p. 1090; par. 768, p. 1096; par. 764, p. 1088.

Appellant does not complain of the judgment rendered against him for the sum of $360, together with interest thereon from date of the judgment at the rate of six per cent per annum and for title and possession of the real property. The record discloses that the evidence as to the existence of alleged verbal contract is conflicting and that there is evidence tending to support a finding either way. When we have discarded all testimoney except that which tends to • support the finding and judgment thereon and have given same its most favorable interpretation, we may consider as established that appellant and Arthofer wanted to rent the real property from Floyd L. Drescher for a period of three years and improve and fix it up so that it would look like something; that they determined what improvements were to be made, and that none of the máterials were put out there and that none of the improvements were made at Drescher’s expense, but that same were to be at the expense of Arthofer and Morris, as lessees.

The judgment of the trial court is affirmed.