60 Wn.2d 896, In the Matter of the Application for a Writ of Habeas Corpus of EARL WILLIAM SAWYER, Petitioner, v. B. J. RHAY, as Superintendent of the State Penitentiary, Respondent

[No. 35858. Department One.     Supreme Court     May 31, 1962.]

In the Matter of the Application for a Writ of Habeas Corpus of EARL WILLIAM SAWYER, Petitioner, v. B. J. RHAY, as Superintendent of the State Penitentiary, Respondent.*

Application filed in the Supreme Court December 28, 1960, for a writ of habeas corpus. Dismissed.

Earl William Sawyer, pro se.

The Attorney General and Stephen C. Way, Assistant, for respondent.

PER CURIAM. -

Earl William Sawyer filed his original petition for writ of habeas corpus in this court. That petition was consolidated for oral argument with the appeal of the petitioner, Earl William Sawyer, from his conviction of robbery and assault, ante p. 83, and another habeas corpus proceeding, ante p. 895.

The issues raised by this petition are substantially the same as those raised upon his appeal from his conviction of robbery and assault which was affirmed this day, for which reason this petition for habeas corpus is dismissed.

August 30, 1962. Petition for rehearing denied.

60 Wn.2d 896, TIDELAND OIL & GAS CORPORATION, Appellant, v. GILES J. HOGAN et al., Respondents

[No. 36167. Department One.      Supreme Court      June 7, 1962.]

TIDELAND OIL & GAS CORPORATION, Appellant, v. GILES J. HOGAN
                     et al., Respondents.*

Appeal from a judgment of the Superior Court for Grays Harbor County, No. 51115, Mitchell G. Kalin, J., entered June 16, 1961. Atfirmed.

Cross-actions for a money judgment. Plaintiff appeals from a judgment in favor of the defendants.

Ralph Purvis, for appellant

Clark W. Adams, for respondents.

PER CURlAM. -

The appellant, Tideland Oil and Gas Corporation, sued the respondents, Giles J. Hogan and wife, to recover $950 which it claims was paid on the purchase of tubing. Respondents had a different version which was that the tubing was rented and not sold and that the $950 paid Was for its rental.

All assignments of error relate to findings of fact, and present

* Reported in 371 P. (2d) 934.

Reported in 371 P. (2d) 1009.

                     MEMORANDUM CASES.           897

nothing but a factual dispute. While there was testimony supporting both sides of the matter, the trial court found that the tubing was not sold but was rented at $100 per month for ten months, leaving a balance due of $50, for which it awarded respondents judgment. The trial court believed the testimony of the respondents.

Again we are invited to retry a dispute of fact. It is settled by Thorndike v. Hesperian Orchards, Inc., 54 Wn. (2d) 570, 343 P. (2d) 183, and subsequent cases, that factual disputes will not be retried upon appeal.

Affirmed.