Tapley v. Youmans

• Decision Date: 19 February 1957
• Docket Number: No. 1,No. 36458,36458,1
• Citation: 97 S.E.2d 365,95 Ga.App. 161
• Parties: Ross TAPLEY v. Mrs. Winey YOUMANS
• Court: Georgia Court of Appeals

Page 365

97 S.E.2d 365

95 Ga.App. 161

Ross TAPLEY v. Mrs. Winey YOUMANS.

No. 36458.

Court of Appeals of Georgia, Division No. 1.

Feb. 19, 1957.

Syllabus by the Court.

1. The breach of duties arising out of a contract may constitute a tort and a petition containing a cause of action in tort for damages arising out of the breach of a cropper agreement, and one in tort for the malicious abuse of civil process, is not subject to a demurrer on the ground of misjoinder of causes of action.

2. As stated in Division 5 of the opinion, where there has been no arrest of the person, seizure of property, or other special injury, alleged damages to credit and reputation are not recoverable in an action for malicious abuse of civil process.

3. The remaining special demurrers are without merit.

Ross Tapley sued Mrs. Winey Youmans in the Superior Court of Emanuel County. His petition alleged: '1. That Mrs. Winey Youmans is a resident of Emanuel County, Georgia. 2. That your petitioner has been injured and damaged in the sum of $6,852.60 by Mrs. Winey Youmans as will hereinafter be set forth. 3. That prior to January 1, 1955, your petitioner and Mrs. Winey Youmans entered into an oral agreement whereby your petitioner would plant and cultivate crops on land belonging to Mrs. Youmans being described as follows, to wit: All that tract of land situate, lying and being in the 395th G. M. District of Emanuel County, Georgia, containing 339 acres, more or less, and bounded as follows: North by land of Mrs. R. J. Walsh and L. S Thigpen; east by L. S. Thigpen; south by J. P. Snooks and right of way of Old Central of Georgia Railway Co. and west by estate of J. A. Hall and Mrs. Laura Youmans. 4. By said countract the relationship of landlord and cropper was created. It was agreed that the term of the contract would be the calendar year of 1955. By the terms of the contract you petitioner was to furnish all the labor for plainting, cultivating and harvesting the crop. In addition he was to furnish one-half the cost of the following: fuel, grease and oil for the tractor, fertilizer, poison, fuel for curing tobacco and crop insurance premium. By the terms of the contract Mrs. Youmans was to furnish the land to be cultivated, a house, a tractor with equipment necessary to plant, cultivate and harvest the crops together with the repairs to the same, and seed and plants. In addition she was to furnish one-half of the cost of the following: fuel, grease and oil for the tractor, fertilizer, poison, fuel for curing tobacco and crop insurance premium. Mrs. Youmans agreed to furnish wire fencing, posts and staples necessary to repair field fences and petitioner agreed to make the necessary repairs to the fences. Under the contract petitioner could have his own garden and chickens and turkeys. It was also agreed that Mrs. Youmans would keep a record of the account showing an itemized statement of all income and expenses. That from time to time she would go over this account with your petitioner and would furnish him with a copy of the itemized statement of the account. 5. That on or about January 1, 1955, petitioner moved with his family to the above described farm belonging to the said Mrs. Winey Youmans, petitioner moving upon and occupying said premises in compliance with the contract as hereinabove set forth. 6. Petitioner planted and cultivated 2.6 acres of tobacco, 47 acres of cotton, 4 acres of peanuts and 100 acres of corn and one-half acre of sweet potatoes. Said crops were planted and cultivated in a workmenlike manner and under the direction and supervision of Mrs. Youmans. A total of 3,218 pounds of tobacco were harvested and sold for $1,320.33. The sum of $195 was collected on the crop insurance as a result of damage to tobacco from hail. The total amount from the tobacco was $1,515.33, and all of this was kept by the defendant who said she would apply petitioner's one-half on his account. 7. Your petitioner shows that under the contract he was to furnish the labor to pick the cotton and he did hire cotton pickers at the rate of $3 per hundred plus $10.50 per day to John Parker to haul the cotton pickers. Later Mrs. Youmans, without his authority, hired additional cotton pickers at the rate of $4 per hundred. Petitioner did not agree to pay $4 per hundred and made objections to Mrs. Youmans. She told petitioner that she wanted the cotton picked as fast as possible and that by picking the cotton faster she would save more cotton and that she would pay the difference of $1 per hundred pick bill herself. A total of 38,413 pounds of cotton was picked in 12 days. At the rate of $3 per hundred plus $10.50 per day haul bill, your petitioner owed Mrs. Youmans $1,278.39 for cotton pickers. 8. Petitioner says that he grew and harvested 27 bales of cotton on the premises this year. That the 27 bales of cotton totaled 12,173 pounds with value of $3,984.55. That Mrs. Youmans sold the seed to pay for the ginning, bagging and ties. After said ginning, bagging and ties were paid, she received $125.50 cash for the balance of the seed. 9. Petitioner says that the cotton was hauled and ginned by Coleman Gin & Fertilizer Co., Inc., and she was told by defendant that the cotton was being ginned and warehouse receipts issued in their joint names. Later petitioner discovered that defendant had ginned all of the cotton in her own name and that the warehouse receipts were issued in her name only. Defendant sold two bales of cotton to Fred Jones as her individual cotton without showing petitioner's interest in the said cotton. Defendant placed the other 25 bales of cotton in Commodity Credit Corporation loan as her individual cotton without showing petitioner's interest as a sharecropper in said cotton which was contrary to law and was done with the fraudulent intent of defeating petitioner's claim, right, title, interest and equity in and to said cotton. 10. Petitioner says that he planted and cultivated 100 acres of corn with a total yield of 3,750 bushels. Said corn being of value of $1 per bushel or total value of $3,750. 11. Petitioner says that he planted and cultivated 4 acres of peanuts with a total yield of 7,000 pounds. Said peanuts being of a value of $200 per ton or total value of $700. 12. Petitioner says that he started to harvest the corn and went to defendant and asked her to get him a wagon trailer to hitch behind the tractor to haul the corn to the barn. She refused to furnish him the trailer or any other wagon or equipment by which he could haul up the corn, although under the contract she was to furnish the necessary equipment to plant, cultivate and harvest the crops. 13. Petitioner borrowed some peanut plows and mounted them on the tractor for the purpose of digging the 4 acres of peanuts. Defendant came to petitioner's house and took the tractor away and carried it and the peanut plows to her house. Despite repeated requests on the part of your petitioner she refused to return the tractor and peanut plows to him so that he could dig and gather the peanuts. 14. Petitioner shows that defendant owned some 30 head of hogs which broke down the field fences and got into 30 acres of corn and 4 acres of peanuts. Petitioner drove the hogs out on several different occasions and asked defendant to furnish him with the necessary fence posts and wire to repair the fences as she agreed to do under this contract. She refused to furnish the posts and wire as requested and petitioner made such repairs as he was able. After he succeeded in patching the holes in the fence the defendant opened the gates leading into the fields and drove her hogs into the fields where they ate a large quantity of the corn and peanuts. 15. Your petitioner shows that he complied with his contract and agreement in every way and that when your petitioner requested the said Mrs. Youmans to carry out the terms of her agreement in the contract to furnish a tractor trailer to gather the corn, a tractor to dig the peanuts, fence posts and wire to repair the field fences she not only failed to carry out these terms of her agreement but also turned her hogs in on the fields where they ate up and destroyed a great part of the crop. Your petitioner shows he was ready and willing to finish gathering the crops and would have done so except for the fact that Mrs. Youmans refused to furnish the necessary tractor and equipment and through unlawful force evicted him from the premises and took over the crop. 16. Your petitioner shows that although he was legally occupying the premises under the contract hereinabove set forth that on October 4, 1955, Mrs. Winey Youmans went before J. M. Thompson, J. P. for the 53rd District G. M. of Emanuel County, Georgia, and maliciously sued out a dispossessory warrant against your petitioner in which the said Mrs. Winey Youmans falsely and maliciously swore that plaintiff failed to pay the rent due on said house and premises, and that said tenant was holding said house over and beyond the term the same were rented to him; that the said defendant desired and had demanded possession of said house and premises and that the same had been refused by your petitioner. Said affidavit was maliciously and falsely made by the defendant that such dispossessory warrant might issue for the removal of petitioner from said house and premises. On the same date P. L. Youmans, Sheriff of Emanuel County, Georgia, served your petitioner with notice to vacate the premises. On October 17, 1955, P. L. Youmans, Sheriff, executed the dispossessory warrant by forcibly removing your petitioner from the property of Mrs. Winey Youmans which he was lawfully occupying. Said acts of P. L. Youmans, sheriff, were done at the direction of Mrs. Winey Youmans and over the objections of your petitioner. (a) A copy of said dispossessory warrant is hereto attached and marked Exhibit 'A'. 17. Your petitioner shows that the acts of Mrs. Winey Youmans in procuring the dispossessory...