Mays v. Wann

JAMISON, J.,

pro

tem.

Plaintiff brought this action to recover from defendants a balance of $1,332.23 which he

[762]

claimed they owed him for baling hay and for fuel furnished to the amount of $45.

In his original complaint he named as defendants only defendants Wann, Towel, and Chase and the copartnership of which they were members. In his amended complaint filed April 9, 1926, some six months before the trial of this case, he joined the Golden Eagle Milling Company, a corporation, The Tubbs Island Land Company, a corporation, and Howard C. Price as defendants. This amended complaint set forth that during the year 1925, at the instance and request of the defendants, plaintiff performed work, labor, and service upon the land of the Tubbs Island Company in baling hay for said defendants and at their instance and request did bale 1,945 tons of hay, and that as consideration therefor it was agreed by defendants that they would pay to plaintiff $2.50 per ton for baling said hay and to furnish plaintiff with fuel.

The case was tried by the court, without a jury, and the judgment was in favor of the Golden Eagle Milling Company and Howard C. Price for their costs, and against Wann, Towel, and Chase, on their default, in the sum of $1,332.23 and against the Tubbs Island Land Company after the trial of the case for $746.09.

The Tubbs Island Land Company, hereinafter referred to as the appellant, owned a tract of land consisting of some 3,000 acres and in the forepart of January, 1925, leased said land, farm implements, and machinery to defendants Wann, Towel, and Chase from January 6, 1925, to October 1, 1925. The crop raised- thereon was hay, and by the terms of the lease appellant was to receive one-half of same as rental. The expense of harvesting and baling said hay was to be borne by the lessees. The said lessees entered into a contract with respondent to bale the said hay, agreeing to pay bim therefor $2.50 per ton and to furnish him fuel for cooking. The lessees were without sufficient funds to carry on their operations under the lease and in the beginning were financed by appellant. About the 1st of July, 1925, the lessees arranged with defendant Golden Eagle Milling Company to aid them financially. This the said Milling Company did until about September 21, 1925, when it ceased to do so.