Eastern Hotel Co. v. Miller Bros. 101 Ranch Wild West Show

This is an appeal by plaintiff from a judgment of nonsuit. The complaint alleged that defendants took possession of certain vacant store buildings on Third Street of which plaintiff was lessee, and posted upon and inside of said stores and buildings circus bills, posters and advertisements. It alleged that such possession and use was fraudulent and forcible; that it injured and disfigured the building; that it turned away prospective subtenants; and “that the reasonable value of the premises for said use and occupation thereof is $3,000.” The prayer of the complaint was for $3,000. A writ of attachment was issued and levied in the case. The complaint is so worded that, despite the wide range and variety of its statements, it cannot be said to be anything else than an action for the reasonable value of the use and occupation of the buildings for the purposes of publicity.

At the conclusion of plaintiff’s testimony, the court granted defendants’ motion for a nonsuit upon the grounds, first, that there was no evidence that the defendants in person or by agent entered into or posted any signs upon or in the said buildings, and, second, that there was no evidence of the reasonable…