Mathis v. Rome Tractor Co.

Banke, Chief Judge.

Appellee Rome Tractor Company leased two pieces of heavy equipment to appellant Mathis pursuant to a written rental agreement. Based on allegations that Mathis had ceased paying rent and refused to return the equipment, appellee filed suit to recover damages for breach of the agreement. Mathis counterclaimed for certain rental payments allegedly owed to him by the appellee. The jury returned verdicts for both parties for delinquent rent, and Mathis appealed. Held:

1. Appellant enumerates as error the failure of the trial court to grant his motion for directed verdict based…