Pullam v. Vaughn

• Decision Date: 28 February 1920
• Docket Number: No. 2482.,2482.
• Citation: 218 S.W. 889
• Parties: PULLAM v. VAUGHN.
• Court: Missouri Court of Appeals

218 S.W. 889

PULLAM v. VAUGHN.

No. 2482.

Springfield Court of Appeals. Missouri.

February 28, 1920.

Appeal from Circuit Court, Pemiscot County; Sterling H. McCarty, Judge.

Suit by Frank Pullam against Perry Vaughn, in which defendant filed a counterclaim. Judgment for defendant, and plaintiff appeals. Reversed and remanded, unless defendant remits.

Von Mayes, of Caruthersville, for appellant.

S. J. Jeffress, of Hayti, for respondent.

FARRINGTON, J.

This suit was instituted in the justice court on a statement of account wherein plaintiff claimed $80 on account of rent for ten acres of land from May 28, 1917, to February 12, 1918, total rental claimed being $80. There was a charge of $3.30 on account of beef sold by plaintiff to defendant. The account shows a credit of hogs and a cow, which plaintiff admits to have purchased from the defendant for the sum of $38, leaving the balance due, according to plaintiff's statement, $45.30. The defendant merely filed a counterclaim, setting up that he had sold the plaintiff a sow and some pigs and a cow, and that there was a balance due on the sale of $34.50. The cause was tried by a jury, which found a verdict for the plaintiff for nothing, and a verdict on defendant's counterclaim of $34.50, and judgment was rendered in his favor for that amount, from which judgment plaintiff appeals, alleging error in the instructions given on behalf of defendant.

The facts in the case show that plaintiff sold to defendant 10 acres of land on May 28, 1917, and that the defendant remained in possession of this land until February 12, 1918. The plaintiff's testimony is to the effect that there was an agreement between himself and defendant that there would be a rental charge of $10 per month due him, which accounts for the charge of $80 in the statement filed. Plaintiff further testifies to having sold defendant $3.30 worth of meat, and testifies that he had purchased the sow, pigs, and cow from defendant for the price of $68, and that he had paid $30 of this, leaving a balance due the defendant on the counterclaim of $38.

The defendant's evidence squarely contradicts plaintiff as to any rent to be paid from May 28, 1917, to January 1, 1918. His version of the transaction was that, in view of the fact that he had his crops planted on the place, it was agreed and understood that he would have possession of the place without payment of rent until January 1, 1918, at which time he was to surrender possession. He admits that he did not move off the place until February 12, 1918, which was 1 month and 12 days after he (defendant) himself says he was to deliver possession under the contract. The defendant makes no denial of the $3.30 bed charge, but in view of the fact that there was due him on his counterclaim $38, admitted by both sides, and that he only counterclaimed for $34.50, it would appear that he gave credit to defendant for this meat for which he owed...