Mann v. Taylor

• Decision Date: 30 April 1871
• Citation: 52 Tenn. 267
• Parties: John G. Mann v. Laura Taylor, Ex'trix.
• Court: Tennessee Supreme Court

52 Tenn. 267

John G. Mann

v.Laura Taylor, Ex'trix.

Supreme Court of Tennessee.

April Term, 1871.

FROM MADISON.

Appeal in error from Circuit Court at Jackson. G. B. BLACK, J.

ALEX. W. CAMPBELL for Plaintiff.

BROWN & TOMLIN for Defendant.

DEADERICK, J., delivered the opinion of the Court.

On the 21st of February, 1867, Wm. H. Long and W. A. Barrier entered into a written contract, the material stipulations of which are as follows:

1. “Wm. H. Long, party of the first part, agrees to furnish W. A. Barrier, party of the second part, land, tools, and teams to the amount of one mule to every two plough hands, sufficient to cultivate a crop on the plantation of the party of the first part, feed the teams, furnish quarters for the hands, and direct the manner in which repairs [shall be made] and the crop shall be cultivated.

2. That W. A. Barrier, party of the second part, agrees to furnish the party of the first part forty hands, furnish them everything needful for their comfort, food, clothing, etc., and do all kind of work necessary to be done to put the plantation in order, and cultivate a crop.

All expenses incurred for blacksmithing, buying cotton seed, or other seed, and preparing the crop for market, shall be borne equally by each.

All moneys loaned by Long to Barrier shall be repaid him out of the first sales of cotton in the fall. The work shall be done under the control and direction of Long, and at the end of the year the crop shall be equally divided between the parties, Long and Barrier.”

After the crops were pitched, Long died--about 29th of May, 1867. Plaintiff in error lived on the place with Long at the time of his death, was his son-in-law, and was appointed and qualified as executor of Long, and continued to live on the place, and after Long's death, in the language of a witness, took Long's place, and he and Barrier carried on the work.

During the cropping season, an account was made with Abner Taylor for supplies, partly before but principally subsequent to the death of Long.

This suit was brought on this account by Abner Taylor in the Circuit Court of Madison county, against Barrier and Mann; while it was pending Taylor died, and the suit was revived in the name of Laura Taylor, his executrix.

Judgment by default was taken against Barrier, and verdict and judgment were rendered against Mann, from which he appealed in error to this Court.

It is insisted by defendant in error that the judgment below should be reversed for error in the...