Elander v. KELLOGG GRAIN COMPANY

This is a conversion action brought by Alf Elander against Kellogg Grain Company, a corporation, and Theodore (Jim) Apolius, to recover a balance due of $3,000 and interest on an $8,000 note secured by a chattel mortgage on 6,000 bushels of wheat. A motion for a directed verdict or to dismiss was sustained at the close of plaintiff’s case. Plaintiff perfected his appeal to this court.

The controlling rule when a motion for dismissal or directed verdict is sustained at the close of plaintiff’s case is that every fact alleged which the evidence tends to support will, for the purposes of the…