Strunk v. Bennett

MOREMEN, Justice.

The petition of L. E. Strunk sought recovery of $4,531 as the value of certain mining equipment and material alleged to have been converted to his own use by the defendant, J. L. Bennett. The suit is rested upon breach of an implied contract, the tort being expressly waived. There had been a pervious suit filed by Bennett, lessor, to have .two leases to Strunk canceled and declared ■ void on the ground that he had breached the terms of the contract and leases in several particulars. Issues were joined and proof taken. The judgment, however, declared the leases to be void on…