Richards v. Kuppinger

This is an appeal from a judgment of dismissal entered after the trial court granted defendant’s motion for a nonsuit as to plaintiff’s first cause of action. The case was tried to the court sitting without a jury.

In his fourth amended complaint (which contained twelve causes of action), plaintiff alleged in his first cause of action that defendant converted to his own use forty-five tons of hay valued at $1,125 owned by plaintiff and stored on a farm which plaintiff sold to defendant.

Plaintiff testified, however, that he had not sold the farm to defendant but that the latter had moved onto…