38 A.2d 618 | D.C. | 1944
Appellant, late in 1942, purchased a twenty-three unit apartment building, wherein appellee, for more than a year, had occupied a two-bedroom apartment. After service of a notice to vacate on November 6, 1943, appellant filed suit for possession. The sole issue was whether appellant sought “in good faith to recover possession of the property for his immediate and personal use and occupancy as a dwelling.”
When appellant purchased the building he intended ultimately to make his home in it. The following summer he became engaged to be married, and desired to obtain the apartment in question as a residence for himself and prospective wife. There was no ill feeling toward appellee, and appellant selected appellee’s two-bedroom apartment, there being but one other of this size in the building, for living quarters for himself and for certain relatives.
Appellee offered evidence, to which no objection was made, that other apartments in the building containing one bedroom had been vacated since July, 1943. Error is assigned in the admission of this evidence. While we have held that an owner has the right to select which of several properties he desires to occupy,
It is further claimed that the court erred in not directing a verdict for appellant upon uncontradicted evidence of his good faith in seeking possession for his immediate personal use. Appellant made no motion for an instructed verdict. He made no objection to submission of the case to the jury; nor was the point included in his motion for a new trial.
It would suffice to quote, as in a like case,
Adoption of the Federal rule confirmed without change a long established practice. It has repeatedly been held that on appeal the court will not examine the evidence to determine whether a binding instruction should have been given where it has not been seasonably moved at the trial.
Nor can we sustain appellant’s claim that the court should have declared a mistrial because opposing counsel in his argument to the jury referred to appellee as an American citizen whose son was overseas fighting for his country. No objection or motion for a mistrial was made before the return of the verdict.
Affirmed.
District of Columbia Emergency Rent Act, Code 1940, § 45 — 1605(b) (2).
Shaffer v. Bowes, D.C.Mun.App., 31 A.2d 690.
District Hauling & Construction Co. v. Argerakis, D.C.Mun.App., 34 A.2d 31.
Code 1940, § 11 — 774.
Hartford Life & Annuity Ins. Co. v. Unsell, 144 U.S. 439, 12 S.Ct. 671, 36 L. Ed. 496; Slip Scarf Co. v. Wm. Filene’s Sons Co., 1 Cir., 289 F. 641; Weinstein v. Laughlin, 8 Cir., 21 F.2d 740; Ameri
Whelan v. Welch, 50 App.D.C. 173, 269 F. 689.
Meyer v. Capital Transit Company, D.C.Mun.App., 32 A.2d 392.