Mills v. Searchlight Mercantile Co.
Mills v. Searchlight Mercantile Co.
Opinion of the Court
OPINION
By the Court,
Plaintiff sued on a mining lease, alleged default in payment of agreed rentals and asserted numerous other defaults in performance. It prayed for restitution of the premises, termination and forfeiture of the lease, for the rentals due, for treble rental by reason of the unlawful detention, for damages, costs and further relief. The
The case was tried to the court without a jury, and the court found the execution of an option agreement on February 10, 1946, which contained the option to enter into a lease which was executed January 7, 1947, which in turn contained the option to purchase involving a down payment of $10,000 which had been neither paid nor tendered; that sundry rentals were in arrears and the covenants of the lease in other respects breached by the defendant. As conclusions, it found that the plaintiff
The defendant tried his case in propria persona and, as appellant, filed his brief in propria persona containing eight assignments of error unsupported by a single citation of authority. We have given the appeal such consideration as appellant’s briefs and the circumstances have warranted without our entering into a complete research on our own part to determine whether there is any support in law for the assignments of error. Our discussion is, therefore, necessarily brief.
The assignments of error and our disposition thereof are as follows: (1) That the court erred in denying a postponement. In this we find no abuse of discretion. (2) That the court erred in permitting plaintiff’s witness to testify to certain conclusions. This was during defendant’s absence from the court room in the period from which the postponement had been denied. Accordingly, the testimony went in without objection. As we have held that the denial of the postponement was not an abuse of discretion, it must follow that the admission of the testimony, without objection, was not error. (3) That the court erred in denying defendant’s motion for nonsuit because plaintiff had failed to prove the material allegations of its complaint. An examination of the record shows this assignment to be without merit. (4) That the evidence was insufficient to support the judgment. This assignment is likewise without merit, as there is in the record substantial evidence of the defendant’s failure to pay the accrued rentals in arrears and other breaches of the covenants of the lease.
Appellant has assigned as error other actions and determinations of the trial court. However, he has failed to make clear to this court the legal significance of such assignments of error or his position upon the law in reference thereto and has failed to cite any authority to this court which would clarify his position and support
Affirmed with costs.
Reference
- Full Case Name
- HOMER C. MILLS v. SEARCHLIGHT MERCANTILE COMPANY, a Corporation
- Cited By
- 1 case
- Status
- Published