James v. Kuhn

PARKER, J.,

pro

tem,.

The action was to recover a balance claimed due ■ to plaintiff from defendant pursuant to the terms of a written contract, of which hereinafter. 'The proceeding became really one of accounting and after trial the court below awarded judgment in favor of plaintiff and against defendant in the sum of $385.42. The defendant appeals.

On the twenty-first day of December, 1928, plaintiff and defendant entered into an agreement in writing, terms of which follow. Kuhn, being the owner of 900 head of ewe sheep, ranging in age from two to seven years, leased the band to James to be run on shares. James agreed to feed and to pay all expenses pertaining to the running, with the exception of one-third the grain and one-half of the shearing expenses until such time as Kuhn might think it advisable to sell to the best advantage of all concerned. In

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consideration of this obligation of James, Kuhn agreed to give James an equal one-half of the amount received after the lambs, wool and sheep were sold over and above the amount of $8,867.50, the price of the sheep. The agreement then reads as follows:

“It is distinctly understood that party of the first part (Kuhn) has the selling of all sheep and wool, in other words, all money taken in from the sale of the lambs and wool if they are sold separate is to first be turned in against the cost price, and all over the $8,867.50 is to be divided equally between first and second parties.”

For the purposes of the present discussion it may be stated that the general plan was carried out. The trial court having before it the items of expense claimed and receipts taken cast the account as indicated in its judgment. As might be expected, the record reflects receipt and expenditures and the balance reached seems to be supported by sufficient evidence as to all of the items involved with the exception to be hereinafter noted. While appellant has urged some more or less general objections to certain items allowed and certain claimed credits rejected these objections are deemed without merit in so far as the conclusions are, in the main, adequately supported.