Towell v. Commercial Acceptance Corp.

— Appellee brought this action against the appellant to recover possession of a certain automobile and damages for its alleged unlawful detention. After the issues in the cause were closed it was submitted to a jury for trial and at the close of plaintiff’s evidence, and after the plaintiff (appellee) had rested its case, the defendant (appellant), by written motion, requested a peremptory instruction in his favor; the appellee, thereupon, by written motion, requested a peremptory instruction in its favor. The court overruled appellant’s motion and sustained the motion of appellee and gave to…