Burkhart v. Barger

■Opinion op the Court by

Creal, Commissioner—

Affirming.

In January 1933, E. S. Barger and Roy Burkhart entered into a written contract to furnish growers Sericea lespedeza seed to be planted by the growers and for which Barger and Burkhart were to receive a one-half interest in all seed grown. It was recited in substance in the contract that the seed was grown by Roy Burk-hart which he was to furnish at the rate of $4 per pound; that Barger had paid him $1,500 for 375 pounds and further agreed to pay $4 per pound for such additional amount as they might place with, growers, not to exceed 375…