Black v. Scott
Decision Date | 19 January 1904 |
Citation | 78 S.W. 301,104 Mo.App. 37 |
Parties | BLACK, Respondent, v. SCOTT et al., Appellants |
Court | Missouri Court of Appeals |
Appeal from Knox Circuit Court.--Hon. E. R. McKee, Judge.
Judgment affirmed.
O. D Jones and James Dorian for appellant.
C. D Stewart for respondent.
Omitting caption the petition is as follows:
The answer admitted that plaintiff was the owner of the land described; admitted that the defendants rented the land for the year 1901, to be cultivated in corn; admitted that they agreed to give plaintiff as his rent for the use of the said land two-fifths of the corn raised on said land to be delivered in the plaintiff's crib; admitted that they cut the corn raised on the land and that they refused to deliver to plaintiff one-third of the shock fodder and converted the same to their own use, and alleged that in delivering two-fifths of the corn in plaintiff's crib they paid plaintiff all the rent reserved for the use of the land.
Wiseman who was the agent of plaintiff for the purpose of renting the land, testified that the defendants applied to him to rent the land and he made two propositions to them: First, that they could have the land for one-half the corn in the field. Second, for two-fifths in the crib, and after considering the propositions they accepted the latter and agreed to deliver two-fifths of the corn in the crib; that there was nothing said about the shock fodder or stalks. The testimony of the defendants is...
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