Taylor v. Thompson

• Decision Date: 30 June 1948
• Docket Number: 16096.
• Citation: 48 S.E.2d 648,213 S.C. 104
• Parties: TAYLOR et al. v. THOMPSON.
• Court: South Carolina Supreme Court

48 S.E.2d 648

213 S.C. 104

TAYLOR et al. v. THOMPSON.

No. 16096.

Supreme Court of South Carolina

June 30, 1948

DuRant, DuRant & Plowden, of Manning, for appellants.

James Hugh McFaddin, of Manning, for respondent.

TAYLOR, Justice.

The Complaint in this action reads as follows (omitting formal parts):

'That during January, 1946, Plaintiffs and Defendant entered into a share-crop agreement in order to raise crops for profit upon Defendant's land. That according to said agreement Plaintiffs were to pay or be charged for one-half (1/2) the fertilizer and furnish all the labor necessary to raise crops, and Defendant was to furnish a home for Plaintiffs pay for one-half (1/2) the fertilizer, and furnish the land upon which the crops were to be planted. That it was further agreed that all crops, or the proceeds of sale of crops, were to be divided between Plaintiffs and Defendant so that Plaintiffs would receive one-half (1/2) and Defendant would receive one-half (1/2) thereof.

'That Plaintiffs performed their part of said Contract so far as they were allowed to do so by Defendant. That on or about January 12th, 1946, Plaintiffs moved into the home provided by the Defendant for them, and pursuant to, and in reliance upon, said agreement Plaintiffs planted, cultivated and harvested the crops on Defendant's land, and that Plaintiffs furnished all labor necessary to make said crops, except for extra labor used in cropping and stringing the Tobacco.

That the cotton crop planted on Defendant's land was a failure, but Plaintiffs are informed and believe that Defendant had insured the said Cotton Crop and that Defendant had collected said Insurance when said crop failed. That during August and September, 1946, the Defendant sold the Tobacco grown on Defendant's land and received the proceeds from said sale; and that Defendant now has no hand other crops raised on his land by the labor of the Plaintiffs.

'That during August and September, Defendant sold all the Tobacco raised on his land and collected the proceeds therefrom, and shortly after selling all Tobacco, Defendant informed Plaintiffs that they were to receive none of the proceeds of sale of crops and none of the crops on hand, and that Defendant had nothing further for Plaintiffs to do. That thereafter Plaintiffs ceased working on Defendant's place and have performed no further labor thereon, but until Defendant repudiated the agreement and stopped them from working, Plaintiffs performed and fulfilled their agreement in every respect.

'That Defendant, in violation of said agreement with Plaintiffs and despite plaintiffs' requests has refused and refuses to divide with plaintiffs the money received by Defendant from crops. That the Defendant has refused to inform plaintiffs of the amounts of money received by Defendant from said crops but Plaintiffs are informed and believe that Defendant received more than Four Thousand ($4,000.00) Dollars from the sale of Tobacco alone, besides the amount collected from Insurance of cotton and the crops sold or now in possession of Defendant--for all of which Defendant refuses to account.

'That the Plaintiff, Henry Taylor, is indebted to the Defendant in the sum of One Hundred and Sixty ($160.00) Dollars, and Plaintiff, Eddie Tomlin is indebted to the Defendant in the sum of Three Hundred and Ten ($310.00) Dollars, and both Plaintiffs are indebted to Defendant for one-half (1/2) the amount expended by Defendant for fertilizer, which amounts are far less than Plaintiffs' shares of the crops and the proceeds of sale of crops.

'Wherefore, Plaintiffs pray:

'1. For an accounting of all crops raised on Defendant's land, proceeds of sale of said crops, insurance benefits due to failure of crops, amounts expended for fertilizer, and all other receipts and disbursements arising out of the above agreement.

'2. For Judgment against the Defendant for one-half (1/2) of all crops on hand and one-half (1/2) of all proceeds of sale of crops and proceeds of crop insurance, minus the amounts that Plaintiffs are indebted to Defendant.

'3. For such other and further relief as shall be meet and proper.'

The amended answer is as follows (omitting formal parts.)

'That he admits paragraph I.

'That he denies each and every other allegation therein contained except those hereinafter specifically admitted or explained.

'The defendant admits that the plaintiffs agreed to operate a share crop farm for the year 1946 in which the plaintiffs were to furnish all the labor and one-half of the fertilizer, and that the defendant was to furnish the land and one-half of the fertilizer and that the proceeds of the crop would be equally divided after deducting therefrom certain expenses hereinafter stated. That the share farm was to consist of cotton, and tobacco only.

'For a First Defense, the defendant alleges:

'That the plaintiffs breached their part of the contract by failing to furnish the labor necessary to raise and harvest the said crops and the defendant, in order to save his investment, was forced to hire the said labor and to perform the labor himself and his family and because of said breach on the part of the plaintiffs they are not entitled to one-half of the said proceeds but are entitled to only such portion as is in proportion to the amount of labor they actually performed in connection with the said crops.

'That in violation of the said agreement in paragraph I of the complaint the plaintiffs planted another farm of four and two-tenths (4 2/10) acres of tobacco and other crops on a neighboring farm of Dile Frierson and that the plaintiffs performed the labor on such farm to the neglect of the farm of the defendant.

'That the plaintiffs diverted tobacco plants, tobacco wood, plows, wagons, mules, and other farm equipment from the share farm of the defendant to their individual and separate farm on the land of Dile Frierson all to the detriment and damage of the share farm of the defendant.

'For a Second Defense, the defendant alleges:

'The account of the plaintiffs is as follows:

Fertilizer $228.25

Cotton seed (15 bu.) 15.00

Labor, transplanter, setting tobacco 90.00

Tobacco Poison 20.00

Tobacco thread 10.00

Labor, harvest tobacco 187.87

Tobacco tax 226.90

Hauling tobacco to market 100.42

Meals furnished laborer 37.20

Mule feed 60.00

Fish 6.00

Cash to Henry Taylor 160.00

Defendants Labor (Jan. 14 to July 1, 60 days) 180.00

July 1 to August 31, 45 days 135.00

Taking off tobacco 45.00

Dile Frierson Farm

Tobacco plants $ 50.00

Tobacco wood 48.00

Use of tobacco barn 60.00

Use of plows, wagon mules, etc. 75.00

Henry Taylor Place

To bank $260.00

Tobacco plants 34.00

Tobacco tax 60.00

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Total $2088.64

One-half (1/2) tobacco net sales $2068.25

One-half cotton insurance 68.82

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Total $2137.07

'For a Third Defense and Counterclaim, the defendant alleges:

'That the plaintiffs are and were at the times hereinafter mentioned residents of Clarendon County, South Carolina.

'That during January, 1946 the plaintiffs agreed to operate a share crop farm of cotton and tobacco with the defendant for the year of 1946 by which agreement the plaintiffs promised and agreed to supply and furnish all labor necessary for the planting, harvesting and preparing for market of the crops and also to furnish one-half (1/2) of the fertilizer.

'That the defendant agreed to furnish the land, one-half (1/2) of the fertilizer, the buildings and the implements necessary for the operation of the share farm.

'That the plaintiffs agreed to at all times be faithful, diligent and careful in the handling of the property belonging to the defendant which was to be used in the farming operation.

'That while the plaintiffs were operating a tobacco barn under said contract, belonging to and the property of the defendant, which barn contained tobacco belonging to and the property of the defendant, the plaintiffs negligently, willfully, and carelessly allowed the barn to catch on fire and burn to the ground, completely destroying the said barn and the tobacco it contained, all to the defendant's damage in the sum of one thousand dollars ($1,000.00).

'That the plaintiffs willfully failed to furnish the necessary labor to harvest the said crops and thus forced the defendant to obtain labor as best he could from other sources, all to the damage to the said crops and to the damage to the defendant in the amounts of money expended for such labor.

'That the plaintiffs worked and farmed other tobacco during the time that they had agreed to work and farm for the defendant, all to the defendant's damage, to his crops by their neglect.

'That the plaintiffs willfully, breached their contract by diverting tobacco plants, tobaco wood, plows, wagons, mules, and other farm equipment, together with their labor from the share farm of the plaintiffs and the defendant to their individual and separate farms on the lands known as the Dile Frierson and Henry Taylor lands, all to the detriment and damage of the defendant.

'That all of the aforesaid damage was caused directly and proximately by the plaintiffs and their servants in the following particulars, to wit:

'A. By building a large and excessive fire in the said barn and leaving the same unattended.

'B. By failing to properly watch the said barn to extinguish the fire after it had caught outside of the furnace.

'C. By operating the said barn at this dangerously high temperature, against the direct orders of the defendant.

'D. By failing to perform labor in the defendant's tobacco when told to do so by the defendant.

'E. By working on the private farms of Dile Frierson and Henry Taylor, not within the agreement or...