Singh v. Corbin

ADAMS, P. J. —Plaintiff and respondent, Nand Singh, brought this action, alleging that defendant was indebted to him for labor and services rendered and money advanced by him to defendant. His claim was that during the years 1935 to 1939, inclusive, he worked for defendant with his own farming equipment in preparing, irrigating and harvesting rice and other crops grown in part on lands owned by appellant and in part on lands leased by appellant from others, and that during said period he advanced moneys to [106]appellant or for his benefit, mainly in payment for labor performed by others in the production of the rice crops.

Appellant and defendant, Corbin, denied plaintiff’s allegations and claimed that during all of the years above mentioned his rice lands and those leased by him from others were leased to Nand Singh upon a share cropping basis, the agreement being that Nand Singh should furnish his own equipment and materials and the labor necessary for the production and harvesting of rice, and should pay to Corbin, as rental, one-third of the crops produced.

The action was tried by the court sitting without a jury, and resulted in a judgment for plaintiff. Defendant has taken this appeal on the sole ground that the evidence fails to support the findings that during the period under consideration plaintiff was employed by defendant and that the relationship of landlord and tenant did not exist between the parties during such years.

In support of his contentions appellant relies upon his own testimony that plaintiff had during previous years leased defendant’s land, and that he leased it during the period in controversy; also upon evidence that plaintiff hired, paid and fed the help used in his operations, that plaintiff claimed an interest in the rice crops, that, when harvested, the rice was separated into piles of one-third and two-thirds thereof, that plaintiff bought fertilizer, and that defendant had taken title to plaintiff’s engine as security for plaintiff’s indebtedness to defendant.

Respondent, in reply, points out evidence showing that appellant raised other crops besides rice upon his lands; that he leased lands from others for rice culture; that he warehoused all crops, including rice, solely in his own name; that he mortgaged and sold such crops; that he intermingled the proceeds of rice sales with those of other crops and with his other income in one bank account in his own name; that he kept all parity, conservation and benefit payments received from the Agricultural Adjustment Administration, though under the law such payments were required to be divided between landlord and tenant when that relationship existed; that defendant never kept books of account disclosing the relationship of landlord and tenant between himself and plaintiff, or giving plaintiff credit for any part of the proceeds of rice crops sold, and never accounted to plaintiff therefor; that he personally negotiated all contracts for har