Kimble v. McDermott

This is a suit in replevin instituted in a justice court. An appeal was taken from the judgment of that court to the circuit court where on trial anew the plaintiff recovered and the defendant Ed McDermott appealed.

It appears from the evidence that Mrs. McDermott was the owner of a farm in Cass county, which she leased for a time to plaintiff. Among the stipulations in the lease, it was provided that plaintiff should cut the first crop of hay produced on the farm in proper season, care for it properly, and deliver in alternate loads direct from the field -the one-half by weight to the lessor…