Smith v. Jackson

Opinion of the Court by

Commissioner Stanley

Reversing.

On August 10, 1928, appellee, Jaekson, sold a piano to Mrs. Zula Wilkinson, and in part payment she executed her note for $450, which was in the form of a mortgage on the instrument. The piano had been placed in the home of Mrs. Wilkinson, which she had under lease from appellant, James P. Smith, in an effort to sell it to her daughter. Her lease expired on August 31st following, but she continued to hold over for more than 90 days. See section 2295 of the Statutes. Upon default in payment of rent for December, 1928, January and February,…