McKesson-Fuller-Morrisson Co. v. Chapell Ice Cream Co.

Mr. Presiding Justice Soanlan

delivered the opinion of the court.

Plaintiff sued defendant in trover for the conversion of certain personal property. The trial court found defendant guilty of conversion upon the pleadings, then tried the issue of damages, and assessed the value of the fixtures at the time of the conversion at $1,350. From a judgment for that amount defendant appeals. •

Both sides concede that the questions before us arise out of the pleadings. The trial court ruled that the only question of fact under the pleadings was the fair market value of the fixtures sold by defendant.…