24 Colo. App. 32 | Colo. Ct. App. | 1913
Plaintiff in error filed his complaint stating two causes of action. The first alleged his ownership of certain real estate in the city of Durango and his right to rents and profits thereof, and that defendant,, used and occupied the same for the period of one year for which she was indebted ,to plaintiff, and demanded judgment for the reasonable value of such use and occupation.
Plaintiff established legal title to the premises by certain deeds, including a quit claim deed from defendant’s mother, and by a decree of the district court adjudging the title to said premises, and the right of possession, to be in plaintiff.
The court refused an instruction requested by the plaintiff directing a verdict in favor of plaintiff upon the first cause of action, and, among other things, instructed the jury that if it should find from the evidence that the
Defendant in error contends that plaintiff cannot recover upon his complaint for use and occupation because no contractual relation existed between plaintiff and defendant, and urges his contention in an able argu
No errors are assigned nor objections urged as to the verdict or judgment upon the second cause of action.
There is no dispute as to the value of the premises, which was shown to be at least $30 per month for ten months and seventeen days of such occupation. For the reasons given the judgment upon the first cause of action is reversed, and the cause remanded with direction to the district court to enter a judgment in favor of the plaintiff and against the defendant for the sum of $317, as of the 14th day of June, 1909.
Reversed and Remanded.