[Download] "French v. National Refining Company" by 340. Supreme Court of Indiana No. 27 # eBook PDF Kindle ePub Free
eBook details
- Title: French v. National Refining Company
- Author : 340. Supreme Court of Indiana No. 27
- Release Date : January 02, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
FANSLER, J. This is an action by the appellants, who are husband and wife, to recover rent from the appellee, under a lease by which the appellee held real estate which the appellants owned as tenants by the entireties. The appellee answered in general denial and by two affirmative paragraphs. The first affirmative paragraph alleges that the plaintiffs were partners, and that the husband executed a contract, on behalf of himself and his wife, canceling the lease. The second affirmative paragraph alleges that the husband and wife were partners, and that a contract was entered into between the defendant and the husband; that said contract referred to the lease upon the property owned by the plaintiffs as tenants by the entireties; and that by the subsequent contract with the husband the lease was superseded and canceled; that the subsequent contract was with the partners; that both the husband and wife participated in the management of the partnership business; and that, because of the action of the husband in entering into the contract, and the acquiescence of the wife, and the acceptance of benefits under the subsequent contract, the plaintiffs are estopped from claiming rental under the lease. There was a reply in general denial. The cause was submitted to a jury. At the Conclusion of the evidence, upon motion of the defendant, the court instructed the jury to return a verdict for the defendant. The plaintiffs filed a motion for a new trial, which was overruled. The giving of the peremptory instruction is not assigned as error. The only assignment is based upon the overruling of the motion for a new trial, and the only contention presented is that the verdict of the jury is not sustained by sufficient evidence and that it is contrary to law.
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