International Distress Signals, Inc. v. McDowell

Plaintiff-McDowell in his complaint asked for judgment against the defendants on notes, and foreclosure of the mortgage. The defendant-I.D.S. counterclaimed and asked for damages for the unauthorized use and occupation of the real and personal property by McDowell. The trial court entered judgment and ordered foreclosure but granted no relief to I.D.S. on its counterclaim, from which failure it appealed.

I.D.S. operated a funeral home in a building purchased from McDowell’s predecessor. The business was conducted by Chester Frank, an employee of I.D.S., as funeral director. While the property…