"Plaintiff
for his cause of action, states that on or about the first
day of March, 1908, defendants became and were the owners of
the west half of the northwest quarter of the northeast
quarter of section eleven, in township forty-six, of range
twenty-nine, in Johnson county, Missouri, which thereafter
became subject to two mortgages aggregating about seven
hundred dollars and being in excess of its
value; that the defendants undertook to cultivate the same
but had very little property of any kind and were indebted to
the plaintiff in the sum of $ 468, which was secured by a
mortgage on said twenty acres. That between March 1, 1908,
and March 1, 1909, plaintiff advanced to defendants at their
special instance and request the sum of $ 133.90 for their
use in purchasing feed and provisions, which sum has never
been repaid.
"That
on or about April 3, 1909, defendants, finding their
inability to carry on said farm of twenty acres then and
there entered into an agreement with plaintiff herein; that
in consideration of said plaintiff advancing money, supplies,
etc., to carry on and operate said twenty acres as a place to
raise stock and poultry, said farm to be known as 'Rocky
Ridge Poultry Farm,' they agreed that they would do all
necessary work, give all care and attention and devote their
entire time to said business of caring for said poultry and
stock and that plaintiff would further advance to them money
to pay grocery bills, dry goods, tobacco and other expenses
incurred and out of the proceeds raised upon said farm
defendants were to first repay to plaintiff the sums advanced
for feed and personal expenses and next one-half of all sums
paid for stock and implements and then deed to plaintiff a
one-half interest in said twenty acres and from that time to
share in the net proceeds with the plaintiff equally. That in
pursuance of said agreement this plaintiff advanced to
defendants the sum of $ 1369.12 during the year commencing
April 1, 1909, and during all said year commencing April 1,
1909, fully performed his part of said agreement. That
defendants gave but little or no attention to said business,
and so poorly managed and controlled the same that at the end
of the year, to-wit, April 1, 1910, they were indebted to
this plaintiff personally $ 2026.02, paid out for grocery
bills, feed, personal expenses of the defendants, hired help,
etc., and in addition to that had never paid to
plaintiff any of said personal indebtedness; and that which
arose from the increase of stock, etc., had used and not
accounted for any part thereof. That during said whole year,
as in the year before, defendants gave but little, if any,
attention to the management and feeding of said stock or to
the raising of any stock and made no effort whatever to pay
said various obligations.
"That
during the year 1909, to-wit, about August, 1909, plaintiff
purchased one hundred and seven acres, adjacent to said
twenty acres, which was described as follows, to-wit: The
east half of lot one of the northwest quarter, the south
seven acres of the west half of lot one of the northwest
quarter, the northwest quarter of the southwest quarter and
the west twenty acres of the northeast quarter, all in
section two in township forty-six of range twenty-nine; and
in the early part of 1910 he purchased the further tract of
one hundred and thirty-two acres, described as follows: The
east half of the northeast quarter of the southwest quarter,
the southeast quarter of the southwest quarter, the west half
of lot one of the northeast quarter and the west
three-fourths of the southeast quarter of the southeast
quarter, all in section two, in township forty-six of range
twenty-nine, making in all two hundred thirty-nine acres,
belonging to this plaintiff, adjoining said twenty acres,
belonging to defendants.
"That
at the expiration of the year 1909-1910, about April 1, 1910,
the defendants having wholly failed to successfully manage
said business, repay any of said indebtedness above
enumerated, convinced that they were unable to make a success
of the business or even to make a living, urged plaintiff in
some way to relieve them, offered to deed to plaintiff said
twenty acres for the consideration that plaintiff would
assume the payment of the mortgages thereon, which
proposition plaintiff then and there accepted and the deed to
said twenty acres was made pursuant to said
agreement on May 10, 1910.
"That
on said first day of April, 1910, at the time said agreement
was made and accepted, a new oral agreement was entered into
by and between plaintiff and defendants. That it was agreed
that defendants, being wholly insolvent, wholly without
property or means, and yet without any place to go, that they
should stay there in the building which is situated on said
twenty acres above described, at the pleasure of the
plaintiff as the employees, servants and agents of the
plaintiff and operate said farm and receive as their
compensation therefor one-half of the net proceeds of stock
placed upon said farm by the plaintiff and one-half of the
proceeds of the crops that might be sold from said place,
over and above what was needed to feed the stock and one-half
of the net proceeds of the poultry, after the same were fed.
That out of said proceeds were first to be paid the personal
indebtedness first above enumerated and that incurred up to
the time of this agreement and any that might be thereafter
incurred by plaintiff furnishing to defendants money to pay
their personal bills and expenses; that these debts and
expenses were to be paid out of the one-half of the net
proceeds that would be going to the defendants.
"That
in pursuance of this agreement plaintiff put upon said farm
fifty-three head of sheep, sixteen head of lambs, one buck,
one sow and ten pigs, forty head of two-year-old heifers and
other cattle, two horses, three mules and implements to the
value of three hundred dollars, to operate said farm as the
employees of plaintiff, until such time as the plaintiff
might make any further arrangements.
"That
in pursuance of said contract the defendants took charge, as
the employees of plaintiff, of said stock and implements and
farm, agreeing to take care of all said stock, farm said
lands in a good and husband-manlike manner
receive for their part one-half...
