Johnson v. Foreman

This was an action by appellee against appellant to recover $75, as the rent of certain premises for one month. On the trial of this case in the court below the jury gave the following instructions:

“ The court instructs the jury that under the evidence in this case, the plaintiff is entitled to recover the rent for August, 1889.”

On a careful examination of the record, we are compelled to the conclusion that the condition of the evidence did not warrant the court to take from the jury all questions of fact and direct a verdict for the plaintiff. There were, under the evidence, issues of fact…