Urban v. Hubbard & Palmer Co.

'CAMPBELU, J.

Plaintiff was the owner of certain real estate in the vicinity of 'Humboldt, S. D., and defendants operated an elevator in the town of Humboldt. During the farming season of 1926, plaintiff’s land was operated by one Maloy under a certain cropper’s contract, by the provisions of which title to1 all crops and produce remained in plaintiff landowner until division, which division was ultimately to be made in the proportion of two-fifths to the landowner and three-fifths to the cropper. The contract also provided in part as follows:

“Party of the first part (that is, the cropper) * *…