Wetzstein v. Dehrkoop

Decision Date14 November 1950
Docket NumberNo. 47758,47758
PartiesWETZSTEIN v. DEHRKOOP et al.
CourtIowa Supreme Court

W. J. Broz, of Dysart, and M. W. Hyland, of Tama, for appellant.

Howard E. Hensleigh, of Traer, and Dean P. Thomas, of Traer, for appellees.

BLISS, Justice.

On January 22, 1948, plaintiff as landlord and first party, and defendant, Marvin Dehrkoop, as tenant, executed a written lease of said premises for their occupancy and use by second party from March 1, 1948 to February 28, 1949. The lease provided that the consideration given by second party was a specified cash rent for certain portions of the land, and a specified share of the crops. The lease contained the usual provisions of an Eldridge farm lease, including a covenant that second party at the expiration of the term of the lease would yield possession to the first party without further demand or notice.

The lease contained the following added clause: 'First party to advise second party on or before July 1st, 1948 if he desires possession of premises at expiration of the lease.'

While there was no express agreement between the parties during the period of the tenancy that the lease was to be extended under the same terms for another year, the record clearly shows there was such an implied agreement. Plaintiff testified on direct examination that 'the lease from March 1, 1949 to March 1, 1950 was the same as the lease from March 1, 1948 to March 1, 1949.' Defendant does not dispute this, and he did farm the place during the year ending March 1, 1950.

It appears from the testimony of Ben Pippert, a witness for plaintiff, that the farm on which he was a tenant had been sold and that he would have to vacate it on March 1, 1950; he had heard that plaintiff's farm was for rent, and about June 1, 1949 he asked plaintiff about it, and plaintiff told him the farm was for rent 'fifty-fifty, livestock and all', but that he would not rent it then as Marvin Dehrkoop was to have first chance. Mr. Pippert further testified that: 'Plaintiff came to him the latter part of July and told him he would rent the farm to him on a fifty-fifty basis, as Marvin Dehrkoop didn't care to rent on that basis. He and plaintiff entered into a lease for the farm on a fifty-fifty basis of everything, he (Pippert) to furnish gas, oil and equipment. He rented sixty acres across the road from the Wetzstein farm from Richard Leo the latter part of September. Martin Dehrkoop had been renting this land.'

Plaintiff's testimony fully confirmed the testimony of Pippert. He also testified that in the latter days of June, 1949, he went out to the farm and told Mr. Dehrkoop that he wanted to lease the farm for the next year on a fifty-fifty basis, that is livestock and all, and that was the only way he would rent it to him, and that Mr. Dehrkoop said 'he wasn't interested in that kind of a deal.' Plaintiff testified: that he then made such a lease with Pippert, and later Pippert told him he had rented the sixty acres across the road from his (plaintiff's) farm from Mr. Leo; that both of these farms had been operated together since 1925, including the two years that Dehrkoop had occupied plaintiff's farm; that in the fall of 1949,--he though it was in October, but apparently it was in November--he heard that Mr. Dehrkoop intended to stay on the farm, and he and Mr. Schuchart went out to see Mr. Dehrkoop on November 17th, according to Mr. Schuchart, and Mr. Dehrkoop confirmed the report and said that he did intend to stay on the farm. Of this meeting the plaintiff testified: 'I then had a conversation with him and he admitted he told me in June he wasn't interested in the fifty-fifty proposition, and that I had told him in June I wouldn't rent it on any other basis. Mr. Schuchart was there and heard the conversation. Defendant didn't say why he was not getting off the place, and I haven't seen him since.'

This is what Ralph Schuchart, a retired farmer and an acquaintance of both Mr. Wetzstein and Mr. Dehrkoop, testified about the conversation: 'Was out to Wetzstein farm with Gust Wetzstein November 17. I keep a diary is how I know the exact date. * * * I was out to the farm with him just once and that was November 17, 1949. * * *. I heard the plaintiff and Marvin Dehrkoop have a conversation there in my presence. Plaintiff told Mr. Dehrkoop about renting the land, he wanted to rent it fifty-fifty and Dehrkoop said he wasn't interested or didn't want to rent it that way. They talked about their conversation the 27th or 28th of June. Mr. Dehrkoop admitted to Mr. Wetzstein in my presence he said at that time in June he wasn't interested in renting the farm on a fifty-fifty basis.'

There is no foundation for a reasonable doubt as to the meeting between plaintiff and Dehrkoop on the 27th or 28th of June, 1949, or of the reason for it, or of what was said by each of them, or that either of them did not clearly understand the full import of the meeting and of what took place. They had stated in writing that Wetzstein was to 'advise' Dehrkoop on or before July 1st if he wished possession of the farm on the first of the following March. It is a fair inference that the clause was put into the lease at the request or insistence of Dehrkoop. It was an advantage to Dehrkoop, and a limitation on Wetzstein in the control of his property. By this agreement Wetzstein was required to 'advise' Dehrkoop four months earlier than the time fixed for the giving of the notice of termination by section 562.7, Code 1946, I.C.A. Wetzstein thought it was binding and he was complying with it. He had given his written word and he was trying to keep it. He had decided that he wished a 'fifty-fifty' arrangement with his tenant for the coming farm year. He was willing to make such a lease with Dehrkoop. Pippert testified that Wetzstein had told him that Dehrkoop was entitled to the first chance. It was for these reasons that plaintiff called upon Dehrkoop on the 27th or 28th of June, 1949.

There can be no fair question that Wetzstein told Dehrkoop just what Wetzstein testified he hold him as herein set out. Pippert testified that the plaintiff told him he was going to tell Dehrkoop that he wanted a tenant on the fifty-fifty plan. Schuchart testified that Dehrkoop admitted to him and Wetzstein that that was just what the latter told him on June 27th or 28th. The able and experienced trial court in his 'Conclusions of Law' stated: 'Wetzstein complied with his lease in his talk with Dehrkoop in June.'

Mr. Dehrkoop fully understood that Wetzstein wished a fifty-fifty arrangement for the coming year and said he would rent it no other way, and that he was advising him that he wished possession of the place the first day of the following March. At that time Dehrkoop thought the clause as to advising him before July 1st was good, and binding on him. He testified: 'According to the lease I knew that Mr. Wetzstein had to notify me before July 1st that the lease would not continue and if he had not notified me by July 1st of 1949 I would have had the right to continue on unless I had done something contrary to the terms of the lease. * * * If he hadn't notified me before July 1st I was sure that I would be on the place another year under the terms of the lease.'

Mr. Dehrkoop fully understood that on June 27th or 28th he was 'advised' by plaintiff that his tenancy was being terminated on March 1, 1950, because he was not willing to rent fifty-fifty. He was determined at that time that he would not farm the place under that plan, and he never changed his mind. In the summer of 1949 he inquired of Mrs. Inez Dickson, a witness for plaintiff, whether their farm was for rent, and she told him that her husband intended to rent the farm fifty-fifty, and that terminated the conversation so far as the farm was concerned. Mr. Dehrkoop told her that he owned his own machinery and was not interested in renting on that basis. Mr. Dehrkoop talked with Mr. Moeller, witness for plaintiff, a banker at Traer, about buying a farm. He had no thought then of being a tenant of plaintiff.

Mr. Richard Leo, a retired farmer, and State senator from his district, was a witness for plaintiff. He knew the plaintiff and Mr. Dehrkoop. During the farming seasons of 1949 and 1950 the latter had occupied the sixty acres across the road from the Wetzstein farm under lease from Mr. Leo, who testified: 'Talked with defendant in the summer of 1949, when defendant told him, 'I have to leave Gust Wetzstein's farm and I would like to have you keep your eyes open for a good farm in the Dysart vicinity.' Conversation was about the first week of July, 1949. There was no conversation about renting the sixty acres which had always been rented by him (Leo) to whoever rented the Wetzstein place. Had rented sometime in August, the sixty acres to Ben Pippert. * * * Defendant stated absolutely and positively he had to leave the Gust Wetzstein farm, that is the interpretation I got from it. I couldn't get any other interpretation from what he said.'

Mr. Dehrkoop's testimony as to what took place between him and plaintiff is substantially the same as plaintiff testified, with slight variations favoring himself. He testified that he thought maybe plaintiff's answer in June, 1949, was not final, and that he would later reopen negotiations. If Mr. Dehrkoop had such thought or hope there was no basis for it in what plaintiff told him. What Mr. Dehrkoop said and did at the time and in the summer months following, as shown by the evidence of disinterested witnesses set out herein, strongly indicate that he had no serious belief that plaintiff's decision was not final. Had he thought otherwise he would likely have approached plaintiff on the subject, but he never did. To the mind of this court his undenied conduct more forcibly and truly reveals the facts, than his statements made after November 1, 1949. He testified that plaintiff never told him he had rented...

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