Frazee v. Morris

Opinion by

Reno, J.,

The landlord, appellee here, leased his farm for mining purposes to Elias J. Nassar who brought and used thereon a steam shovel owned by appellant. Appellee issued a landlord’s warrant for rent due, and the bailiff seized the steam shovel. Appellant instituted replevin and at the trial, both sides having agreed that there was no question of fact to be submitted to the jury, the trial judge directed that it return a verdict for appellant upon the condition that he pay appellee $290.72, the amount of the rent. Upon appellant’s motion for an unconditional verdict, the court en…