Cull v. San Francisco & Fresno Land Co.

BRITT, C. Plaintiff alleged in his complaint that defendant employed him to summer fallow certain land, between four hundred and five hundred acres in area, and to plow and sow in wheat another parcel of eighty acres, both tracts being the property of defendant; he prayed judgment for the alleged value of such services. By its answer defendant denied that plaintiff did any of said work under its employment.

As nearly as we can ascertain from the evidence in the record the following facts appeared at the trial, without conflict; For several years next prior to and including the' cropping season of 1895-96 plaintiff farmed “on shares” it seems, a tract of some two thousand acres of land owned by defendant, which included the parcel of eighty acres last mentioned in the complaint. In February, 1896, he entered into an agreement with defendant whereby he undertook to summer fallow the four hundred acres [592]and upward, first described in Ms complaint, lying outside of the tract he had previously farmed, and defendant agreed to advance certain cash toward paying the wages of men and for the feed of teams to be engaged in the work. Other conditions of this arrangement were stated in the testimony of plaintiff himself as follows: “I was to do the summer fallowing for my own benefit, and they,” meaning the defendant, “were to advance me the money to do that summer fallowing. I was to give them one-fifth of the crop. I did this summer fallowing for my own benefit and with the expectation of receiving my pay entirely from the crop,” referring to the crop which he expected to plant on the fallowed ground in the fall of 1896. He further testified that he accordingly fallowed the outside land, completing the work in April, 1896; that the defendant advanced for the expenses thereof certain cash, which subsequently he repaid; that the plowing and seeding of the eighty acre parcel was done by him in September, 1896, “under a renting .... providing I farmed the land and planted the seed, I was to receive a certain part of the crop .... three-fourths, and one-fourth would be the property of” the defendant. It further appeared that in October following plaintiff and defendant had some dispute, and in consequence plaintiff declared Ms intention to abandon the lands—or the greater part thereof—he had previously farmed, but refused to surrender possession except on terms to which defendant would not agree. He claimed, however, the right to retain and seed the summer fallowed land in any event. Defendant then brought an action against him, and in December, 1896, obtained judgment therein for possession of all the land—including the fallowing of the previous spring. On January 12, 189?, this action was begun. Plaintiff recovered a verdict and judgment, and defendant appeals.