MORRIS PLAN LEASING COMPANY v. Bingham Feed and Grain Co.

Plaintiff brought this law action on a written agreement with defendant entitled “Lease Agreement” for balance of alleged rentals of $14,339.90. Trial to the court, after denial of defendant’s jury demand, resulted in judgment for plaintiff of $8810.32 with interest from July 1, 1961, and for costs. Defendant appeals.

I. Before reciting the facts relevant to the various issues of the lawsuit, we consider appellant’s first error relied on for reversal, the trial court’s refusal to grant defendant a jury trial.

Plaintiff’s petition as amended demanded judgment against defendant. Following the…