J. H. Gerlach Co. v. Noyes

This is an action for the alleged conversion of certain bowling alleys. Upon substantially the same evidence, the case was before this court in December, 1921, and is reported in 241 Mass. 69. At the conclusion of the evidence in the second trial, the defendant moved that a verdict be directed in his favor; and he excepted to the denial of the motion and to the refusal to give certain requests for rulings of law. The jury found for the plaintiff.

The facts warranted by the reported evidence are that in the summer of 1915 the defendant was engaged in constructing a building, suitable for use as…