Purvis

Stockton Savings & Loan Society v. Purvis

Good Law
112 Cal. 236·1896 Cal. LEXIS 671·44 P. 561
Supreme Court of CaliforniaApril 1, 1896No. 18368California2,355 words

Opinion

Lead Opinion

Garoutte, J.

Plaintiff, as the owner of a certain tract of land, entered into a contract with one Dallas, whereby it let the said land to Dallas for the term of one year, upon the oral understanding and agreement that Dallas should, during said year, farm the same at an annual cash rental of two thousand one hundred and forty dollars; and it was understood and agreed between the parties that the title to said crops raised thereon during said term was to remain in said plaintiff, it being further understood and agreed that the said crop was to be hauled to the nearest warehouse and stored *238 in the name of plaintiff, and that from the sale of said crops plaintiff was to receive as rent aforesaid the sum of two thousand one hundred and forty dollars cash, and the overplus, if any, was to go to and be the property of said Dallas, and that no part of such crop should be in any way subject to the disposal of said Dallas. Under the aforesaid contract, Dallas entered into the possession of the land, and planted a crop of wheat thereon. While said wheat was growing, and prior to the harvesting thereof, Eppinger & Co., a creditor, attached the growing crop as the property of Dallas; and this action…

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