Gillis

Plaintiff had judgment against the defendants for the sum of $950 as the value of a certain apple crop taken possession of and sold by the defendants. From this judgment the defendants appeal.

The cause was tried before the court sitting without a jury, and at the conclusion thereof the court found, among other things, as follows, to wit:

A reference to the testimony shows that during the oral negotiations or conversations relative to the property, that the value of the apple crop was discussed, and on the part of the plaintiff, there is testimony to the effect that the value of the apple crop was considered in fixing the price of the premises. On the part of the defendants,' while it is admitted that the value and condition of the apple crop was discussed, it is contended that nothing was said as to the value thereof entering into the purchase price of the premises. It is not claimed by either party that the defendants entered into the premises in pursuance of any agreement, lease or understanding that they were to pay so much for the use and occupancy of the premises, or that they were acquiring any interest or ownership therein, or to anything standing or growing…