Loomis v. Lincoln
Supreme Court of Vermont
Trover for a quantity of corn. The case was" referred under rule of court, and the referees reported substantially the following-facts. That sometime in the sping of 1849, the plaintiff and#me John Dow hired of the defendant for a certain price per acre, three or four acres of land to be planted to corn, and the defendant was to have the stalks.
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Trover for a quantity of corn. The case was" referred under rule of court, and the referees reported substantially the following-facts. That sometime in the sping of 1849, the plaintiff and#me John Dow hired of the defendant for a certain price per acre, three or four acres of land to be planted to corn, and the defendant was to have the stalks. The plaintiff and said Dow divided the land equally between them, with the understanding that each should plant, cultivate and harvest his own portion of said division. The said Dow went on, cultivated, harvested and paid the defendant for the use of…
1Opinion of the Court
The c^nion of the court was delivered by
Ish-am, J.
From an examination of this case, we think the judgment of the county court must be affirmed. The defendant under his contract with the plaintiff had no title to the crops grown upon the ground either in severalty or as tenant in common. The plaintiff was to give the defendant a certain price per acre for the use of the land .that season, and the stalks after the com was harvested. But until the com was harvested and the stocks delivered, the matter rested in contract, and for which, in case of non-delivery, an action would lie. Before-…
2Cited by1 opinion
- In Re M.A.P.P., Inc.United States Bankruptcy Court, D. Vermont · 1983