Cox's Bakeries of North Dakota, Inc. v. Homart Development Corp.

BATEMAN, Justice.

The appellant Cox’s Bakeries of North Dakota, Inc., sued its landlord, Homart Development Corporation, for damages for wrongful eviction and conversion of plaintiff’s personal property. The defendant counterclaimed for accrued rent and for the balance due on a promissory note. At the conclusion of the evidence, on motion of defendant the trial court withdrew the case from the jury and rendered judgment that the plaintiff take nothing and that defendant recover on its counterclaim.

In determining whether it was proper for the court to withdraw the case from the jury and render…