McCormick v. Skiles & Frey
Supreme Court of Pennsylvania
Appeal, No. 183, July T.,' 1893, by plaintiffs, from judgment of C. P. Clinton Co., May T., 1892, No. 161, on verdict for defendants. Assumpsit on appeal from judgment of 'justice of peace. Before Savedg-e, P. J., specially presiding. At the trial it appeared that R. W. McCormick owned a farm adapted to the growing of tobacco.
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Appeal, No. 183, July T.,' 1893, by plaintiffs, from judgment of C. P. Clinton Co., May T., 1892, No. 161, on verdict for defendants. Assumpsit on appeal from judgment of 'justice of peace. Before Savedg-e, P. J., specially presiding. At the trial it appeared that R. W. McCormick owned a farm adapted to the growing of tobacco. In the spring of 1891, he entered into an arrangement with A. Dorey, William Dorey and Albert Fowler, under which the latter three men were each to take a portion of the farm, plant it with tobacco, attend to the crop, and harvest and pack it, for which they were to…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
It appears to the writer that McCormick was the real as well as the apparent owner of the tobacco when he agreed with the defendants to sell and deliver it to them. It was raised on his farm, under an arrangement with Fowler and the Doreys which he described on the. trial as follows : “ They received the half for planting it and working it, and taking care of it and packing it.” Surely this arrangement did not make the parties to it tenants in common of the tobacco or partners in raising it, nor establish between them the relation of landlord and tenant. Fowler…
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