Thomas v. Utilities Building Corp.

* NOTE: Opinion filed at May Term, 1934, June 12, 1934; motion for rehearing filed; motion overruled July 17, 1934; motion to transfer to Court en Banc filed; motion overruled at September Term, September 18, 1934. This case, coming recently to the writer, is an action to determine title to a leasehold estate, for damages for withholding possession, and for the destruction of buildings on the land claimed. Prior to the trial, the parties entered into a stipulation which settled the issues to be tried and the amount of the damages in case of recovery. Under this stipulation, in case plaintiff…