Morris v. Nelson

The opinion of the court was delivered by

Dawson, J.:

This was an action to determine the priority of *128certain .orders for the payment of money drawn by Warren Swartley, operator of a combined harvester-thresher, in favor of three creditors of Swartley and drawn upon and acknowledged by E. E. Nelson, a wheat grower, for whom Swartley had undertaken to cut and thresh 500 acres during the harvest season of 1926. For this service Nelson was to pay Swartley $3 per acre and 5 cents per bushel for the yield above 25 bushels per acre.

On June 1,1926, Swartley gave C. C. Shepherd an order on Nelson for…