Fontaine v. Johnson

Julius J. Olson, Justice.

Defendants appeal from an order denying their blended motion for judgment notwithstanding or a new trial.

The jury could find the following facts: On October 24, 1937, plaintiff and wife called at defendants’ home to view an apartment they had for rent. The visit occurred toward evening so darkness prevented a thorough inspection. Defendants’ request for a nominal deposit to hold the apartment until the next day was complied with. Plaintiff and his family came there at the appointed time and proceeded to take possession. Plaintiff’s wife then went to see defendant Mrs.…