Miller v. Guenther, 49538
| Citation | 93 N.W.2d 122,250 Iowa 186 |
| Decision Date | 19 November 1958 |
| Docket Number | No. 49538,49538 |
| Parties | Clarke MILLER and Lillian Miller, Plaintiffs-Appellees, v. Howard W. GUENTHER, Defendant-Appellant. |
| Court | United States State Supreme Court of Iowa |
Donald W. Harris, Bloomfield, Iowa, for appellees.
Valentine & Greenleaf and Meredith R. Griffing, Centerville, Iowa, for appellant.
The printed record is long and contains numerous photostats of exhibits, and it is rather difficult to make a concise statement of the facts. The trial court filed an opinion on October 23, 1957, which defendant, on October 31, attacked by motion for a new trial or a rehearing. In response thereto the Court, on November 12, 1957, filed a supplement to its earlier opinion making some corrections and additions, and on November 22, 1957, the judgment for Clarke Miller, hereinabove noted was rendered and entered. In its opinions the Court reviewed the evidence in considerable detail and it is our conclusion from an examination and study of the record that its findings and judgment are entitled to much weight.
In the early part of 1955, Clarke Miller, 42 years old, and his wife, Lillian, were living on his father-in-law's farm in Davis County. His wife was teaching school. He was employed in a branch of the John Deere Implement Company at Ottumwa. He had previously been engaged in farming and was desirous of resuming it. The appellant was operating his own farm in Appanoose County and had another farm of 280 acres in the same vicinity. He and Mr. Miller met and discussed the latter's occupancy of this farm. The appellant was informed that the Millers could not move onto this farm until Mrs. Miller's term of school ended in May. This was agreeable to Mr. Guenther.
On February 24, 1955, Guenther and Miller signed a printed blank farm lease to the 280 acres. Lillian Miller witnessed their signatures. On the farm was another building and lots occupied by Guenther. The tenure of the land by Clarke Miller was from March 1st, 1955 to the last day of February, 1956.
A printed clause in the lease provided that Miller was to 'pay as rent for the same, in the manner following: That is to say:' (Typed in the blank lines as follows)
Miller had no farm machinery, but he had $3,000, and on the back of the lease is a list of implements which he purchased from Guenther at a cost of $1,630. Miller also bought and paid for other farm machinery. Miller did not furnish any dairy cattle as Guenther had all such cattle that they could handle, and did not wish to sell any of them to Miller.
This 280-acre farm is referred to in the record as the 'Grover Long farm'. After the Millers moved to the farm in May of 1955, they papered several rooms in the house, painted the woodwork inside the house and took out a chimney. Miller testified, without denial, that Guenther never furnished as many as 25 head of breeding stock.
Without discussing the matter with the Millers Guenther sold the Long farm in July, 1955. They first learned of the sale from a neighbor. Guenther later told them but said he wouldn't set them out in the road. Millers lived on the Long farm until December 23, 1955, when they moved because of its sale, to what is referred to as the Hinshaw farm, of 355 acres, which Guenther leased to them. The buildings on this place were in fair shape, except the house, which was run-down and in bad condition on the inside. The Millers painted the inside woodwork, steamed off old wall paper, papered the rooms, sanded the floors, and helped put in a stool and bathroom. The house had no spouting no it, and with Guenther's help Miller put on new spouting. Miller also testified that he worked on the milk house, dug a pit, put a pump under it, dug a trench and fixed the building so it could be used for a milk house; there were no cow stanchions and they put them in and cemented the floor; Miller transformed a henhouse into a garage and helped put in tile and ran a drain from it making it a permanent improvement; did some plastering on the house, closed some doors, helped to install the bathroom fixtures; Mrs. Miller and her sister painted the back porch; Miller hired outside help in performing some of these services. Miller, with a tractor and plow, did terracing on the building lot on this farm, the reasonable value of which service he estimated to be $100. This terracing was done under some Government plan and Guenther received pay therefor from the Government.
In order to buy cattle and to finance their farming operations on both the Long and Hinshaw farms, Miller and Guenther borrowed money from the Centerville National Bank for operating purposes. The first note for the purchase of fifteen head of cattle, referred to as the Walker cattle, was for something over $2,200. It was renewed from time to time, and its amount at its last renewal on August 18, 1956 was $2,249.45, payable in ninety days. It was signed by the Millers and indorsed by Howard W. Guenther. Payments by both Miller and Guenther are shown on the back of the note, which was stamped paid as of February 4, 1957. Earlier renewals were signed by both Clarke Miller and Howard W. Guenther. In addition to this note, Guenther and Miller on two occasions borrowed $500 on two notes of said amounts to said bank for working capital. The first of these notes is dated April 5, 1956, signed 'Guenther and Miller' in typewriting, and the written signature of each of them. The second $500 note to the bank bears the written signature of Clarke Miller and Howard W. Guenther. Both notes are marked 'Paid'. A chattel mortgage executed and acknowledged by Clarke Miller and Howard W. Guenther on April 7, 1955, given to the bank to secure the two $500 notes, covering farm machinery, was received in evidence.
Mr. Miller testified: ...
To continue reading
Request your trial