Gallager v. Nelson

OPINION

LANSING, Judge.

John Gallager brought this action to declare that he is entitled to a growing crop after his landlord’s contract for deed was canceled by Frank Nelson, the vendor. The trial court granted Nelson’s motion for *425summary judgment, and Gallager appeals. We reverse.

PACTS

On February 1, 1985, John Gallager agreed to rent 480 acres of farmland in Pennington County from William Turtle on a cash-crop lease. The lease term was from March 1, 1985, through February 28, 1986. Gallager paid the cash portion of the rent in advance ($6,000) and planted a wheat crop in the spring of 1985.…