Caplan v. Burns

ADAMS, J.:

This appeal is to review a judgment for defendant on a directed verdict. The action is statutory namely, unlawful entry.

Plaintiff, a resident of Troy, N. Y., was the owner of a residence in Dade County. He engaged a broker to negotiate a lease or to sell his property. Plaintiff left his key in custody of a friend and directed his broker to obtain same when needed. The broker negotiated a lease with the defendant on conditions stipulated by plaintiff. The broker called for the key but •the custodian refused to deliver it. The broker engaged a locksmith and had another key made and…