UDALL, Justice.
This is an appeal from a judgment in favor of J.B. Ulmer, plaintiff (appellee), in the sum of $5,075 for damages against defendants D.O. Shartzer (appellant) and one Tom H. Spargo. For the sake of clarity the only two parties to this appeal will be designated either by name or as appellant and appellee, while the other defendant Spargo, who has not appealed, will be called by his surname.
The case was tried to the court, sitting without a jury...
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