Stegman v. Berryhill

This is a suit by Stegman against Berry-hill, to recover the value of his share of a crop of fruit, grown on defendant’s premises, which was gathered and sold by defendant, who received the proceeds and refused, as plaintiff alleges, to account to him for his share. By the terms of a lease from defendant to plaintiff, the latter was to attend to the orchard, gather and take care of the fruit, etc., plaintiff to have ten per cent of the proceeds of sale of peaches, and one-third of the apples each year, payable when the same should be sold. It is alleged in the *308petition that in the year 1874,…