Cull v. San Francisco & Fresno Land Co.

Citations

• 124 Cal. 591
• 57 P. 456
• 1899 Cal. LEXIS 1039

Syllabus

<p>Contract to Crop upon Shares—Employment not Included—Breach— Action for Services.—A contract for the cropping of land upon shares does not include any element of a contract of employment; and there being no original employment by the terms of the contract, the cropper does not become a servant or employee by the breach thereof on the part of the owner of the land, and he cannot, on account of such breach, maintain an action upon a quantum meruit for the value of his services.</p> <p>Id. — Remedy for Breach — Value of Contract.—The remedy of the cropper against the owner of the land, for breach of the contract in refusing to permit him to perform, is to recover the value of the contract at the time of the breach, which may be more or less than the value of the labor performed.</p>