Karbach v. Fogel

Ames, C.

This is an action brought by the defendant in error to recover damages for an alleged wrongful eviction by his lessor from premises situate on Fifteenth street, in the city of Omaha, and formerly occupied by him as a tradesman. He claimed the right of possession under an alleged parol lease in perpetuity, forfeitable for non-payment of rent only. Whether such a lease is valid was not discussed by counsel and need not now be decided. The jury found his eviction to have been wrongful. Recovery was sought for two elements of damages, — one for injury to the property of the plaintiff,…