Fitchett v. Parsons

This is an action at law instituted in the circuit court by the defendant in error (hereinafter called' plaintiff) against the plaintiff in error (hereinafter called defendant). Upon the trial of the case a jury was waived, and by stipulation of counsel Honorable Stewart K. Powell was selected to act as judge pro tempore, who, after having heard the evidence and argument of counsel, rendered judgment in favor of the plaintiff for the sum of $1,360.00.

The facts set forth in the petition for a writ of error are not disputed, and are as follows:

“On February 18, 1921, Charles W. Parsons, lessor,…