This section contains the nature of the case and procedural background.

Jones (D) rented property from Taylor (P) under a parol agreement. A dispute arose over whether there was an agreement for March 1906 and D refused to surrender possession. P obtained a writ of forcible detainer against D. On the trial of the writ the jury found D not guilty but upon a traverse in the circuit court D was found guilty and P was given restitution. D appealed and lost. The present action was brought in 1908 against D to recover $500 for the reasonable rent and to recover another $500 for D's wrongful refusal to deliver possession. D defended with good faith and judgment was rendered for P after D refused to plead further after a demurrer to his defense. D paid the first $500 but appealed the other $500 award.

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