Abbott

Action to recover for the wrongful conversion by defendant of certain wheat alleged in the complaint to have been the property of plaintiff, and to have been of the value of three hundred and five dollars. It is averred that the wheat was taken maliciously, and for the purpose of oppression. The jury returned a verdict for plaintiff in the sum of five thousand eight hundred and twenty-seven dollars, for which amount judgment was rendered for plaintiff. Defendant appeals from the judgment, and from an order denying its motion for a new trial.

Of course, all of the verdict over and above three hundred and five dollars—assuming the wheat to be of that value—and seven per cent per annum interest thereon, was for punitive damages, or smart-money; and we see no evidence in the record warranting such a verdict, or any verdict at all not confined to compensation for the actual detriment suffered by respondent on account of the conversion of the wheat.

*609 The admitted facts are that in December, 1885, appeant, being the owner of a certain tract of land, made a lease (or cropping contract) thereof to-respondent for a term* ending. October, 1886. The lease granted the privilege of…