Wonsettler v. Lee

• Decision Date: 08 December 1888
• Citation: 19 P. 862,40 Kan. 367
• Parties: JOHN WONSETTLER v. A. O. LEE
• Court: Kansas Supreme Court

19 P. 862

40 Kan. 367

JOHN WONSETTLER v. A. O. LEE

Supreme Court of Kansas

December 8, 1888

Error from Barton District Court.

A. O LEE brought this action against John Wonsettler to recover the sum of $ 3,490. In his petition he stated, in substance that he made a parol agreement with Wonsettler by which they were to jointly engage in raising stock and grain. Wonsettler was to furnish the land necessary for carrying on the business of farming and raising feed, and also teams, stock farming implements and necessary machinery to do the work. Lee was to do the work by his son and such other help as was needed in the business, who were to be furnished board by Wonsettler. Lee was to have as his share one-half of the grain raised and sold; and where it was fed to stock he was to have one-half of the increase resulting from feeding the stock. It is alleged the arrangement was to continue for five years, and the profits to be divided as indicated each year and in case stock was held for more than one year and was fed out of grain produced upon the farm the profits were to be divided thereon as soon as the same was sold. It is averred that the arrangement only continued for about two years, when Wonsettler refused to further perform the contract or permit the son of the plaintiff to carry out the agreement. He further refused to permit the plaintiff to have any share of the crops which had been raised or grown on the farm, or any compensation whatsoever for the two years' labor. It is stated that during the continuance of the contract Lee's son produced and prepared for market -- except threshing the last crop -- 3,000 bushels of wheat, worth 80 cents per bushel; 2,000 bushels of corn, worth 40 cents per bushel; 50 tons of hay, of the value of $ 5 per ton; all of the value of $ 3,450. It is further alleged that Lee's son worked faithfully under this arrangement upon the farm and lands of Wonsettler for about two years, and that the services rendered were reasonably worth the sum of $ 2,000 over and above Lee's share of the expenses of carrying on the business. Judgment was demanded in the sum of $ 3,490, with interest at 7 per cent.

The defendant filed a general demurrer, which was heard on January 15, 1886, and overruled; to which ruling the defendant excepted. On February 4, 1887, a trial was had with a jury, which resulted in a verdict and judgment in favor of Lee for the sum of $ 216.75. A motion for a new trial was made and overruled, and the defendant, Wonsettler, brings the case to this court upon a transcript of the record for...