Strangward v. American Brass Bedstead Co.

Citations

• 82 Ohio St. (N.S.) 121

Syllabus

<p>Motion by each party in jury case — After impaneling jury, before evidence is offered — To direct verdict on pleadings — Is waiver of jury trial and submission of case to court — Judgment conclusive, when — Lease for two years, rent payable per year — Is lease for fixed term and not a monthly renting.</p> <p>1. A motion by each party in a jury case after the impaneling of the jury in the court of common pleas, to direct a verdict in his favor on the pleadings, made to the court before evidence is offered, is a waiver of a jury trial and a submission of the case to the court, and a party cannot, as of right, after his motion has been overruled, and that of the other party sustained, give evidence in support of his case.</p> <p>2. When a matter has been finally determined in an action between the same parties by a competent tribunal, the judgment is conclusive, not only as to what was determined, but also as to every other question which might properly have been litigated in the case.</p> <p>3. A lease which provides for a term of two years, the rent to be a stated sum per year during the continuance of the lease, is a leasing for a fixed term and is not a renting from month to month although the rent is to be paid in specific instalments on the first day of each month in advance. (Grant v. Ramsey, 7 Ohio St., 1S8, approved and followed.)</p> <p>4. A recovery for a monthly instalment of rent, that being all that was due at the time action was commenced, is not a bar to recovery for instalments subsequently coming due upon the lease.</p>