Leary v. Moran

Appellee is charged in the complaint with having converted to his own use forty bushels of appellant’s wheat, of the value of fifty dollars. Appellant has assigned as error the overruling of his demurrer to appellee’s answer.

The following facts, substantially, are set up in the first paragraph of the answer: The wheat mentioned in the complaint was a part of a crop raised on appellee’s farm by a cropper, who was to have the whole crop threshed at his own expense, and deliver to appellee at the machine, one-half 'of the amount in the bushel. After the wheat had been harvested and ricked,…