Pollard
Pollard v. Burger
Opinion
Lead Opinion
Nourse, J.
Plaintiff sued defendant upon a complaint setting forth three causes of action, the first in damages for breach of contract, the second in quantum meruit for work and labor performed, and the third upon an assigned claim for services performed by plaintiff’s wife. Plaintiff had judgment on his first and second causes of action in the sum of $548.55, and the defendant had judgment on the third cause.
The facts of the case as found by the trial court are that on the twenty-seventh day of November, 1918, plaintiff and defendant entered into an oral contract for the farming of defendant’s ranch, and therein defendant agreed to furnish the land and all tools, horses, and other equipment necessary for the farming of the ranch and also to furnish such poultry and hogs as were on the ranch and should be raised thereon. In consideration thereof plaintiff agreed to prepare the soil, plant, irrigate, and harvest the crop. The parties also agreed that they should each have one-half of all the crops raised during the term of the agreement and one-half of the profits from the sale of eggs, poultry, and increase of the hogs. Bach party was to bear one-half of the current expenses, such as water…