Moore v. Western Meat Co.

Citations

• 16 N.M. 107
• 113 P. 827

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Where title to real estate is shown in the plaintiff, together with the fact of occupation by the defendant, the law will refer that possession to a rightful rather than a wrongful title, and, where nothing more is. shown, the relation of landlord and tenant will presumed, and a contract for rent implied.</p> <p>2. The defendant and its predecessor, claiming possession of real estate under an unauthorized contract to purchase made with an assignee of an insolvent estate, are chargeable with knowledge pf the fact that such contract was a nullity, and, having used and occupied the premises thereunder, are liable for the reasonable rental value in a suit for use and occupation of such premises.</p> <p>3. The request of the defendant in the trial court for' leave to amend its answer by pleading a set-off to the cause of action alleged in the complaint, made after a jury had been empaneled and all of the evidence had been introduced, and both plaintiff and defendant had moved for an instructed verdict, was properly denied.</p> <p>4. When each party asks the court to instruct a verdict in its favor,, it is equivalent to a request for a finding of facts, and, if the court directs the jury to find a verdict for one of them, both are concluded by the finding made by the court upon which the resulting instruction of law was given and this- court is limited on appeal to a consideration of the correctness of the finding on the law, and must affirm if there is any substantial evidence in support thereof.</p>