Hudgins & Co. v. Olds

Gardner, Presiding Judge.

It is true that the testimony for the plaintiff established that the elevator and steam boiler were so affixed as to become a part of the realty, but the question now presents itself as to whether or not the plaintiff had title to such fixtures so as to allow him to maintain this action for the value of the elevator and steam boiler allegedly converted by the defendant, and to thus withstand a motion for a nonsuit. Although Code § 81-116 provides that a nonsuit will not be granted for a merely formal variance between the allegata and the probata, a plaintiff must…