Hlass v. Fulford

• Decision Date: 10 February 1906
• Citation: 92 S.W. 862
• Parties: HLASS v. FULFORD.
• Court: Arkansas Supreme Court

92 S.W. 862

HLASS v. FULFORD.

Supreme Court of Arkansas.

February 10, 1906.

Appeal from Circuit Court, Pope County; R. B. Wilson, Special Judge.

Action by G. W. Fulford against Joe Hlass. From a judgment in favor of plaintiff, defendant appeals. Reversed.

R. W. Holland and Sellers & Sellers, for appellant. J. T. Bullock, for appellee.

BATTLE, J.

G. W. Fulford filed a complaint and brought an action before a justice of the peace against Joe Hlass, and alleged that he entered into a contract with the defendant, on the 22d day of March, 1902, and agreed to cultivate 36 acres of defendant's land, and to plant 20 acres thereof in cotton, and the remainder in corn, and that defendant should have one-half of the cotton and corn when raised and gathered, the cotton to be delivered at the gin, and the corn at defendant's crib. Defendant agreed to furnish plaintiff team and tools needed to cultivate the land, and one hand to assist in gathering the corn, and to furnish supplies and alleged that the defendant complied with his agreement until the crops were partly made, when he refused to furnish the team or supplies, to plaintiff's damage in the sum of $225.

Defendant answered and admitted the contract, but denied that he had failed to comply with it, and alleged that plaintiff had violated it; and pleaded a counterclaim and set-off.

The plaintiff recovered a judgment, and the defendant appealed to the circuit court.

In the trial in the circuit court the witnesses, on motion of the defendant were excluded from the courtroom during the progress of the trial, except James Fulford, who, was on motion of plaintiff, allowed to remain in the courtroom. The record does not show that there was or was not any reason for excepting him. To the action of the court the defendant excepted.

The plaintiff offered to read as evidence, in the trial, the following contract:

                        "Russellville, Ark. March 22, 1902
                

"This agreement made and entered into by and between J. Hlass and G. W. Fulford witnesseth that the said Hlass has rented to the said Fulford his farm of 36 acres on Norristown Mountain in Pope county, Ark. for the year 1902; 20 acres to be cultivated in cotton and the remainder in corn, all to be cultivated in a husbandlike manner by the said Fulford and the said Fulford agrees to pay one-half of the crop, the corn to be put in the crib, and the cotton to be delivered at the gin. The said Hlass agrees to furnish teams, tools and one hand to gather the corn; the tools and teams to be used by the said Fulford in his own crop on other land, and he to use his own team also in both crops. The said Fulford to give possession the 1st day of January, 1903, without further notice. The said Hlass to furnish supplies to said Fulford to live upon while cultivating the crop, and to take his pay out of the proceeds of Fulford's share of the same.

                   "[Signed]

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