J. P. Tonkoff, Individually and as Trustee v. Clay Barr and Betty Barr, Husband and Wife
Opinion
Opinion
Lindberg, J.
This action was commenced in the United States District Court for the District of Oregon by reason of diversity of citizenship. Appellant J. P. Tonkoff, individually and as trustee for E. J. and Viola Welch, husband and wife, and John W. Cramer, beneficiaries under a trust agreement, sought damages from appellees, Clay Barr and Betty Barr, husband and wife, allegedly arising from the failure of appellees in the performance of a trust and assignment of crops agreement executed with respect to crops grown in 1953 on the property known as the Meiss Ranch in northern California.
The following we believe to be a fair summary of the facts and contentions of the parties as disclosed by the record.
The Meiss Ranch is located in Siskiyou County, California. It contains about 13,000 acres, some 3,000 to 4,000 being farm land and the remainder being in pasture and lake. J. C. Stevenson -had previously owned and operated the ranch but had sold it to Frank Hofues and A. G. Kirschmer in 1952. Hofues and Kirschmer hired J. C. Stevenson, Jr. to manage the ranch when they took it over and entered into a written management agreement with him in March, 1953.