Smyth

Action in claim and delivery. It appears that plaintiff was the owner and in possession of a piece of land upon which he had grown a crop of milo maize. About August 1, 1912, as shown by the testimony of defendant, he and plaintiff entered into an oral- agreement whereby plaintiff employed defendant to perform the labor in cultivating and bringing the crop of grain to maturity. “The agreement between us,” says defendant, “was that he would give me one-fourth of the crop for maturing it from that time on, and he would guarantee me $500 out of the job. I went to work under those conditions. ... I quit about the 15th of January. That crop consisted of about 2000 sacks, according to the threshers’ tally. . . . Mr. Smyth was to pay all the bills and give me one-fonrth of the crop.” It further appears that defendant performed labor in the cultivation of the crop until the same was matured, and that about December 1st plaintiff, at his own expense, had it harvested, threshed, put into sacks and stacked or piled up upon his land; that on the night of January 15th, without plaintiff’s knowledge or consent, defendant, using plaintiff’s team of mules therefor, took and hauled away to a place…