Staats v. Miller

This is a suit for damages for the alleged conversion of a cotton harvester filed by petitioners, O. T. Staats and F. M. Woolbright, against respondent, H. E. Miller. At the conclusion of petitioners’ testimony the trial court granted respondent’s motion for an instructed verdict and entered judgment accordingly. The Court of Civil Appeals affirmed. 240 S. W. 2d 342.

Respondent moved for the instructed verdict on the ground that petitioners had pleaded a “single act of alleged conversion” and had not alleged any other cause of action, except for conversion, “while the evidence introduced by…