Bovais v. Cassassa

Plaintiff sued to recover five hundred dollars deposited by him as security for payment of rent under a lease which had expired and terminated. Plaintiff had judgment, and defendants appeal on typewritten transcripts.

Appellants urge three points. First, that there was no surrender by respondent and no acceptance by appellants. The trial court found that there was both a surrender and an acceptance. But appellants say that these findings are based solely on the testimony of respondent which is improbable. Cases are cited holding that courts should not be required to give verity to mere…