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6 Dakota 49

Perry v. Beaupre

Supreme Court Of The Territory Of Dakota · decided 1888-02-15

W. B. McConnell, Judge. This was an action by W. F. Perry and E. A. Perry, partners, under the name of Perry Bros., to recover of Bruno Beaupre the value of a certain crop of grain mortgaged to them, which they claimed he had converted to his own use. The plaintiffs had judgment and the defendant appealed.

Decided 1888-02-15

By the Court :

¶1The judgment is affirmed. The pleadings of the parties, and the parties in the court below, treated the owner and occupant of the land as landlord and tenant, and this court will not now change their relation. Upon this theory of the case the court did not err in denying defendant’s motion to direct a verdict and in submitting the case to a jury.

All the justices concur.
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