Scovill v. Ludwick

In this case, we are faced with one of those situations where the principle wrongdoer is judgment proof and the loss must fall on one of those who dealt with him.

Defendant Ludwick owned a farm which he leased to Charles Whitehead, added party-defendant. Inserted in the written agreement was the following clause:

“It is understood that the farm tools are all the property of Dr. J. E. Ludwick and that the basic herd of 31 cows and 1 bull are also the property of Dr. Ludwick. It is understood as long as the herd is maintained at that level surplus cows and calves are the property of Mr. Whitehead…