Hills v. Melenbacher

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: In this action to recover damages for breach of a lease of grain storage space and processing machinery which did not fix the term of the demise, the court submitted the case to the jury upon the theory that the jury might supply the missing term of the lease in accordance with the custom in the trade. There was no competent evidence of any relevant custom in the trade. The verdict is, therefore, unsupported by the evidence and for that reason the judgment…