Walter v. Rowland
Walter v. Rowland
Opinion of the Court
This is a suit instituted by appellant against appellee to recover certain personal property or its value. It was alleged that appellant leased to appellee about 100 acres of land for a year, that appellant furnished teams and food for them, that ap-pellee bound himself to cultivate the land and plant thereon corn and the farm and vegetable products usually grown on farms in the vicinity, and furnish all labor necessary to raise and harvest all crops planted on the land, and to deliver to appellant one-half of all of said crops. It was alleged that it was also agreed that if any advances in money were made by appellant, they should bear interest at the rate of 10 per cent., and should be repaid out of the first part of the crop belonging to appellee. It was further alleged that appellant had fully complied with the terms of the contract and furnished appellee with two horses and three mules and the necessary farming implements and cash, groceries, and supplies in the sum of $132; that appellee planted about 40 acres in oats, about 30 acres in corn, and about 6 acres in sugar cane, and raised and gathered about 2,500 bales of oates, valued at $750, and about 24 tons of sugar cane of the value ‘of $312, that no division of the crops had been made, but that com, sugar cane, and hay had been removed from the land by appellee, and all the crops at that time on the land were of the value, of $400. There was a prayer for the foreclosure of a landlord’s lien, and a judgment for the property or its value. Appellee answered that he had raised a crop of oats of the value of $750, and cane, Johnson grass, and milo maize worth about $312, 700 bushels of corn worth about $525, amounting in the aggregate to’ $1,587, one-hálf of which belonged to appellee. He denied that appellant made any advances, and pleaded damages for the seizure under a distress warrant, amounts for caring for goats, gathering com, hauling wood, and clearing land. The cause was submitted on special issues, and on the answers judgment was rendered for appellee in the sum of $350.
The fourth assignment of error assails the answer of the jury to the issue as to whether appellee did any extra work for appellant, and if so its value, on the ground that there was no evidence to sustain the answer. The jury found that the extra work was done, and that its value was $113, the full amount claimed for it in the petition. There was evidence upon which the jury could base a verdict for the extra services.
The fifth assignment of error attacks the answer of the jury to the second question submitted to the jury, which was as to the value of appellee’s extra services. The statement incorporated in the latter part of the assignment, as well as in a separate statement, refers to $27 worth of the crop appropriated by appellee, about which there was no finding by the jury. The assignment must be overruled.
*983 The seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, and twentieth assignments of error are grouped, although referring to 14 different issues which appellant desired the court to submit to the jury. The only statement under the 14 assignments is a short excerpt from the testimony of five witnesses on different subjects. The assignments of error are overruled.
There is no assignment of error raising the question of the value of the crop appropriated by appellee, which appropriation was shown by appellee, still the court must have considered it in arriving at the amount of the judgment. The value of the crop used by ap-pellee was shown to be $27, one-half of which belonged to appellee and the other half, $13.50, belonged to appellant, and it, together with the advances, must have been deducted from the $113 for extra work, and the value of appellee’s one-half of the value of the whole crop appropriated by appellant. Appellant admits that under the findings of the jury appellee’s half of the crop was $377.05, which, with the $113 for extra services, amounts to $490.05. Deducting from that sum the $134.20 owed by appellee, and there remains $356.85, or $5.60 more than appellee was allowed by the judgment.
The judgment is affirmed.
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