Lowther v. Ohio Valley Oil & Gas Co.

Lively, Judge:

This writ of error brings for review a judgment of tbe circuit court of Ritchie County in which C. F. Lowther, in an action of detinue against the Ohio Valley Oil and Gas Co., was adjudged the possession of a No. 24 Star drilling machine and certain other personal property, or if the specific property could not be had, the alternative value thereof as ascertained by a jury, and $2288.00 damages for the detention thereof.

An agreed instruction was given the jury which is as follows : ‘ ‘ The jury are instructed that by agreement between the plaintiff and the defendant, entered…