Hertogs v. Red-E-Oil Co.

Plaintiff appeals from the order denying his motion in the alternative for judgment notwithstanding the verdict or a new trial.

Plaintiff on March 15, 1926, leased to defendant for a term of five years a filling station “as it stands.” When so let there was office furniture in the building and some “lubricating units.” These were removed by a prior occupant before April 1, 1926, the time defendant’s term began. There was some protest, but defendant took possession and made improvements, changes, and repairs to the value of $200. Defendant learned, after the lease was made and the first month’s…