McJunkin v. Kiner

Opinion by

Dithrich, J.,

This action of assumpsit was brought on an oral contract providing for occupancy and operation by plaintiff of defendant’s farm. The terms of the agreement were very much in dispute. It is not clear whether plaintiff was a “cropper” or a “tenant on the shares”. (For distinction, see McClarigan v. Matlack, 98 Pa. Superior Ct. 483.) But the evidence on both sides tends to establish the following general provisions. Plaintiff agreed to live on the farm, take charge of it, carry on the farming and care for the stock. In return for his work, plaintiff was to receive one-half…