Sticelber v. Bressie

Citations

• 107 Kan. 518
• 192 P. 734
• 1920 Kan. LEXIS 110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Crop Rental — Valid Agreement as to Division of Wheat. A landlord leased his land for a rental of one-third of the wheat crop, which was to be delivered at the nearest market. When the contract was entered into no provision was made as to whether the threshed wheat should be divided by measure at the threshing machine or at the market. At the time the threshing was done it was agreed between the landlord and the tenant that the division should be made according to the threshing machine measure, and it was so measured, both parties participating in the division. Held, that it was competent for the parties to agree on that method of division and that there was no lack of consideration for the agreement.</p> <p>2. Same — Division of Crop — Evidence—Finding. The evidence examined, arid it is held to be sufficient to uphold the verdict finding that such an agreement was made and that each party received his share of the crop.</p> <p>3. Same — Crop Divided — Tenant Not Liable for Landlord’s Share by Theft. After the division was made and the wheat of the landlord placed in a bin of his own selection, awaiting the transportation of the wheat to the market, any loss of the same by theft or otherwise which did not occur through the fault of the tenant, was the'landlord’s loss.</p> <p>4. - Same — Special Question — Ruling Not Prejudicial. A ruling refusing ■ to.require the jury to make a more definite answer to a special question, not important to a decision of the case, is not a ground for reversal.</p>