Citation Numbers: 189 Iowa 1126
Judges: Evans, Preston, Salinger, Weaver
Filed Date: 10/26/1920
Status: Precedential
Modified Date: 7/24/2022
The plaintiffs are two brothers, who were jointly engaged in farming, as tenants, upon a farm of 140 acres. The farm .included 2D/Z acres of tame hay growing thereon in the season of 1919. It is undisputed that the hay then standing upon this piece of ground was disposed of to the defendant, Beck, who entered upon the ground two or three days later, and harvested the same. Thereafter, a valuable second crop of clover grew upon the same ground; and in September, the defendant, Beck, entered upon the ground, to cut and appropriate such second crop. This was the occasion for the injunction. The dispute between
Upon a separate reading of the evidence, we have all readily reached the same conclusion, that the reai weight of the evidence is clearly Avith the plaintiffs, and not with the defendant. The version of the plaintiffs appears to us as the more natural, reasonable, probable, and, therefore, the more credible. No explanation is given by defendant as to why he should rent the land, rather than buy the standing hay. There AAras no time or term fixed for his alleged oral lease, nor Avere any conditions of any kind stipulated therein. He knew that the plaintiffs Avere themselves renters of the land. He did not knoAV and did not inquire
“Well, I says, ‘I will give you $14 an acre' rent for it.’ And he said ‘No,’ he said, ‘it isn’t money enough.’ He said he didn’t have any hay tools, and didn’t expect to be there another year; and before he left, he said he would take $14 an acre, rent for it.”
On cross-examination, he testified as follows:
“All that I wanted of that land.up there was the hay. I was willing to cut it and harvest it, if I could make a proper deal for the hay. I had no other use for the land. The hay is all I was after. I can’t tell you why I rented the land, instead of buying the hay. The hay is all I wanted. Well, I rented the land. I am 22 years old, lived here all my life, and knew that Frisbies were tenants of the land. We didn’t say a word about first or second crop,' when I ivas first up there. I just wanted to rent the land, and they said they AVanted $900 rent for it. They didn’t say they Avanted $900 for the hay.”
The difference betAveen his testimony and that of the plaintiffs consists in the use of the word “rent.” Its use in, this connection by the defendant impresses us as some-' AAdiat forced. Taking the brief testimony of the contending parties, in the light of all the circumstances surrounding them, Ave are fully agreed that the clear weight of the circumstances Avas Avith the plaintiffs. We are constrained, therefore, to order a reversal of the judgment entered below, and to order decree for the plaintiffs.- — Reversed.