Engelcke v. Stoehsler

Plaintiff brought an action against defendants upon a check which was not paid because of insufficient funds and upon a promissory note. Defendants counterclaimed for the breach of an oral lease of farm land for five years on a share cropping basis. At the conclusion of defendants’ proof the trial court sustained a demurrer to defendants’ counterclaim and directed a verdict in favor of plaintiff upon both the note and the check. Defendants appeal.

Plaintiff is the owner of a 150-acre ranch and in April, 1971, entered into some sort of an oral agreement, the exact terms of which are in dispute,…