Gabbert v. Treadaway

Alexander, J.,

delivered tbe opinion of tbe court.

Nabors was employed by G-abbert as farm manager, and upon tbe occasion here involved, be was, pursuant to Gabbert’s directions, engaged in assigning or issuing to tenants tbeir respective land allotments. While so engaged, one Higginbotham, a prospective tenant, in discussing tbe character of tbe land, said to Nabors “I will never get a plow in tbis. Have you got a match1?” The tenant testified that be referred to tbe amount of grass on the land and the difficulty of plowing it unless it was burned off. Nabors handed him a match and the witness…