Saah v. Mussolino
Saah v. Mussolino
Opinion of the Court
After evicting appellees in a suit for possession, appellant brought this action seeking rent money alleged to be owing, Appellees resisted the suit and counterclaimed for the value of certain articles left on the premises which appellant supposedly refused to allow them to remove. At a preliminary proceeding both counsel stipulated that all rent due on the lease had been paid up to the date of eviction, and consequently appellant’s claim was dis
According to the statement of proceedings and evidence, appellee Rocco Mus-solino stated that on the morning of the eviction, he and appellant entered into an agreement whereby appellant purchased most of the fixtures and equipment located on the premises.
Apparently the parties also agreed at the time of the sale that Mr. Mussolino could remove the sign and the bottle box from the premises. He testified, however, that later on when he went to remove the sign and the bottle box he was told that he could not remove them from the premises and if he attempted to do so, appellant would have him arrested for destroying private property and for coming upon his premises without right. He also testified that subsequently the bottle box disappeared from the premises; that appellant told him he did not know what had happened to it, did not care, and was not interested in whether he got his property or not. The trial court found for appellees in the sum of $700.
Judging from the allegations in the counterclaim, appellees’ theory was that appellant, by refusing to permit them to remove the articles in question from the premises, had converted them to his own use. Appellant’s chief contention on this appeal is that conversion was not proved because the statement in the record, that Mr. Mussolino “was told that he could not remove them from the premises,” reads “in a passive voice,”
The second assignment of error relates to damages. It is argued that because of the lack of expert testimony as to the market value of the converted items at the time of the taking the judge had no competent standard to guide him in assessing damages, and therefore the award must have been based on speculation. This same contention has been urged upon us on at least five different occasions and each time we have rejected it.
The remaining assignment of error is without merit.
Affirmed.
. Apparently the proceeds were used to pay the rent.
. Appellant’s brief, p. 8.
. It may be noted that appellant was represented by other counsel at the trial of this case.
. Shea v. Fridley, D.C.Mun.App.1956, 123 A.2d 358; Glennon v. Travelers Indemnity Co., D.C.Mun.App.1952, 91 A.2d 210, 37 A.L.R.2d 964; Manning v. Lamb, D.C.Mun.App.1952, 89 A.2d 882; Yonan Rug Service v. United Services Automobile Ass’n, D.C.Mun.App.1949, 69 A.2d 62; Walsh v. Schafer, D.C.Mun.App.1948, 61 A.2d 716; see also the large number of eases collected in the annotation at 37 A.L.R.2d 967.
Reference
- Full Case Name
- John H. SAAH v. Rocco MUSSOLINO and Edith Mussolino
- Cited By
- 1 case
- Status
- Published