Latimer Motors, Ltd. v. McIntosh Motors, Inc.

SHANGLER, Judge.

The plaintiff sued to recover for damage to its premises from a fire caused by defendants who occupied as lessees. The petition in four counts was tried to the court, and the court entered judgment for defendants on the express pleading of each count, but awarded plaintiff $800 for the cost of removal of debris, an issue tried by consent of the parties under Count IV. The judgment was premised on findings of fact and conclusions of law entered by the court. At the close of plaintiff’s evidence, the court sustained the motion for judgment of defendant Mike DeSouza, and no error…