Bowers v. Graves & Vinton Co.

Citations

• 8 S.D. 385
• 66 N.W. 931
• 1896 S.D. LEXIS 47

Syllabus

<p>1. Where plaintiff contracted to farm defendant’s land, and sow certain crops thereon, supply all seeds, labor, machinery, etc., and deliver one fourth of the crop to a certain elevator, title to the crops to remain in defendant, who, on his part, agreed, on the faithful performance of his part of the contract, to deliver to plaintiff three-fourths of the crops so produced, such contract is not one of hire, but in the nature of an adventure.</p> <p>2. On breach by defendant, the measure of plaintiff’s damages is not the value of his services in sowing and harvesting the crop, but the value of his share thereof.</p>