Rudolph Wurlitzer Co. v. James

Hildebrand,, P. J.,

On the trial of this action in replevin the jury, under the direction of the court, returned a verdict in favor of the plaintiff and determined the value of the piano, which was the subject of the suit, to be $250, fixing plaintiff’s damages at $29. The intervening defendant, Clyde Gibson, presented his motions for judgment non obstante veredicto and for a new trial, which motions were argued before the court in banc.

On Dec. 20, 1924, plaintiff leased a piano to Mrs. John James for a period of thirty months at an agreed monthly rental of $22.50. Mrs. James defaulted in the…