J. F. Hart Lumber Co. v. Rucker

The opinion of the court was delivered by

Hoyt, C. J.

This action was brought to recover of the purchaser of school lands the appraised value of the improvements upon the land purchased. After the evidence on the part of the plaintiff was all in, the court, upon motion of defendant, granted a non-suit, and the question presented on this appeal is as to *458whether or not the evidence made out a prima facie case against the defendant.

The respondent sets out in his brief five propositions as to which it was necessary that the plaintiff should introduce evidence, and concedes that, if evidence…