Baker v. Newcomb

PREWITT, Judge.

Defendant appeals from a judgment entered upon a jury verdict awarding plaintiff actual and punitive damages for trespass. Plaintiff, a tenant of defendant’s farm land under an oral agreement, brought suit contending that defendant distributed fescue, clover and grass seed on the land, thereby damaging a wheat crop that plaintiff has sown.

By their agreement plaintiff was to receive three-fifths of the wheat crop and defendant two-fifths. The parties initially agreed that these shares would be determined by the yield over the entire 560 acres that was sown. They then modified…