Burley Tobacco Growers' Co-op. Ass'n v. Samples

• Court: Kentucky Court of Appeals
• Writing for the Court: CLAY, J.
• Citation: Burley Tobacco Growers' Co-op. Ass'n v. Samples, 284 S.W. 1069, 215 Ky. 276 (Ky. Ct. App. 1926)
• Decision Date: 22 June 1926
• Parties: BURLEY TOBACCO GROWERS' CO-OP. ASS'N v. SAMPLES ET AL.

284 S.W. 1069

215 Ky. 276

BURLEY TOBACCO GROWERS' CO-OP. ASS'N v. SAMPLES ET AL.

Court of Appeals of Kentucky.

June 22, 1926

Appeal from Circuit Court, Shelby County.

Action by the Burley Tobacco Growers' Co-operative Association against Raymond Samples and another. Judgment for defendants and plaintiff appeals. Reversed and remanded.

Aaron Sapiro, of Chicago, Ill., Pickett, Barrickman & Kaltenbacher of Shelbyville, and Robert H. Hays, of Lexington, for appellant.

Willis & Willis, of Shelbyville, for appellees.

CLAY J.

In this action by the Burley Tobacco Growers' Co-operative Association against Raymond Samples and J. S. Samples to recover $250 damages for failure to deliver 3,000 pounds of their 1923 crop of tobacco, the trial court directed a verdict in favor of defendants, and plaintiff has prayed an appeal.

The record discloses that J. S. Samples and Raymond Samples are father and son. The father owns the farm, and the son is his tenant. They are both members of the Burley Tobacco Growers' Co-operative Association. According to their evidence they raised about 3 acres of tobacco in 1923. The tobacco was first stored in the regular tobacco barn, but a portion of it was removed to the feed barn in order to make room for their vehicles and farming utensils in the tobacco barn. Excluding the portion that rotted, the crop amounted to only 1,665 pounds, which was delivered to the association at Pleasureville on February 28, 1924. This was the only tobacco that was hauled from their premises. They admitted having changed their accounts from the bank at Bagdad to the People's State Bank at Frankfort. They claimed that this was due to the fact that they were not on good terms with their relative, L. V. Samples, who was cashier of the bank at Bagdad. Raymond Samples also testified that the principal portion of the deposit in the People's State Bank at Frankfort was obtained from money which he withdrew from the bank at Bagdad. On the other hand, there was evidence to the effect that the Samples raised from 3 to 4 1/2 acres of tobacco; that the tobacco was of good quality and would average from 800 to 1,100 pounds; that the tobacco barn on the place was full; and that it would hold from 3,500 to 4,500 pounds. There was further evidence by two neighbors that the Samples hauled three loads of tobacco from the premises--one on the night of February 12, 1924, one on the night of February 26, 1924,...