Smith v. McCullough Dredging Co.

HORTO)T, Judge.

Appellant, plaintiff below, appeals an adverse final judgment based upon a jury verdict.

The appellant operates a small nursery business on her own property. Prior to this action, she was also the tenant of an adjoining property owner who permitted her to use a portion of his property on which to place potted plants. A condition of the tenancy was that when the owner desired to build on or improve the property, the appellant was to remove her plants.

During the months of September and October, 1961, the appellee, through its employees and agents, contracted with the adjoining…