Schneider v. Nelson
| Decision Date | 10 December 1940 |
| Docket Number | 8101. |
| Citation | 110 P.2d 972,111 Mont. 377 |
| Parties | SCHNEIDER v. NELSON. |
| Court | Montana Supreme Court |
Rehearing Denied Feb. 27, 1941.
Appeal from District Court, Nineteenth District, Glacier County; R J. Hattersley, Judge.
Action by H. H. Schneider against Albert Nelson to recover from defendant one-fourth of the wheat raised on certain state lands during the year 1938, or the value thereof. From a judgment for defendant, plaintiff appeals.
Reversed and remanded, with directions.
S. J Rigney, of Cut Bank, for appellant.
H. W Judson, of Cut Bank, for respondent.
This is an action wherein plaintiff seeks to recover from the defendant one-fourth of the wheat raised on certain state lands during the year 1938, or the value thereof. Trial was had before the court sitting without a jury, and judgment was entered for the defendant. The facts are as follows:
In 1926 the plaintiff entered into a contract with the State Board of Land Commissioners for the purchase of the lands described in the complaint and situated in Glacier county. A certificate of purchase was issued to him, and in 1935, while it was in effect, the plaintiff entered into an oral agreement with the defendant whereby the latter agreed to farm this land under a share crop arrangement. Under the agreement the defendant was to retain three-fourths of the crop and deliver to the plaintiff one-fourth of it at a local grain elevator. In accordance with this agreement crops were produced and divided during the years 1936 and 1937. Certain summer fallowing was done by the defendant in each year.
In August, 1937, plaintiff's certificate of purchase was cancelled by the State Land Board because of delinquencies in payments. However, as noted above, that year's crop was divided between the plaintiff and defendant in accordance with the previous oral agreement. There is no evidence that any specific arrangements for the farming of the land in 1938 were made between the parties prior to the time the crop was planted. In 1938 the defendant farmed the land and harvested a crop, and demand was made on him by the plaintiff for the one-fourth share of the crop at the time it was being harvested. He refused to turn over any share to the plaintiff but instead the testimony is that he deposited with the operator of the local elevator a check in the sum of $70 with directions to turn it over to the plaintiff if the latter would consent to such a settlement. Apparently the plaintiff refused to accept it.
Some time in August of 1938 the defendant called at the office of the State Board of Land Commissioners at Helena, and there is some testimony on his part that he was in possession of the land by virtue of an arrangement made at that time whereby he was to farm the land and pay a certain rental to the state--either fifty cents per acre or one-fifth of the crop. In October of 1938, after the crop had been harvested, the state leased the land in question to the plaintiff and, although the lease was not signed until in October of 1938, according to its terms it was to be effective as of February 28, 1938. In February, 1939, the defendant again called at the State Land Commissioner's office and at the time he was there a letter was written by the commissioner to counsel for the plaintiff and a copy of it was given to the defendant. That letter helps to explain the fact situation here and, so far as pertinent, is as follows:
"Mr. Schneider [plaintiff] purchased from the State the land described above under contract No. C-329, and after a long period of delinquency, this certificate was cancelled August 1, 1937.
It was my understanding from conversation with both Mr. Schneider and yourself that Mr. Schneider understood that because of the eighteen months redemption right, he was authorized to use this land, and under this supposition he subleased the land to Mr. Albert Nelson [defendant] for the 1938 season, without securing a lease from the State.
Other applications were received for lease on the land, and ultimately Mr. Schneider, together with yourself, visited the State Land Office and a lease was made to him.
In order to protect Mr. Schneider through the period of redemption and also to legalize the use of this land during the year 1938, a lease was made to him covering that period, and upon representation by yourself and Mr. Schneider as to the rental which he was to receive from the land during the year 1938, and after discussing with you Section 1805.32 of the Revised Codes of Montana of 1935, relating to subleasing, it was agreed that the rental for the year 1938 should be $70.00, and this seems to have been the payment that was made to the State in December, 1938.
It seems that it was understood with the International Elevator of Cut Bank that Mr. Schneider's share of the crop raised on this land was to be held for payment of the 1938 rental.
However, this rental has been paid in cash by yourself and therefore there is no occasion for the retention by the elevator of the grain placed in the elevator to protect Mr. Schneider's rental to the State.
It seems that there is some controversy between Mr. Nelson and Mr. Schneider as to the amount of rental which Mr. Nelson is to pay Mr. Schneider for the use of this land during the year 1938.
However it would seem that Section 1805.32 of the Revised Codes of Montana of 1935, would clearly...
To continue reading
Request your trial