Millage v. Spahn

This case involves a contest between landlord and tenant over “away-going” crops. In a jury trial, after the plaintiff tenant had rested, the trial court, on motion of the defendant landlord, entered judgment dismissing .the case at plaintiff’s costs. The tenant, as plaintiff in error, brings the case here for review.

The crop involved was fall wheat, planted by the tenant in the first days of September, 1'942, on land that had been summer-fallowed. Notice was served on the tenant by the landlord to quit on or about September 23, 1942. The following spring a new tenant, who had displaced…