Elder v. Sturges

PHELPS J.

N. M. Foster was the owner of 1601 acres, of land. In the autumn of 1932 he leased it to the defendant, Elder (plaintiff in error), to farm during the year 1933. The rent to be received by the owner, Foster, was one-fourth of the crops to be produced.

In the spring of 1933 the defendant, Elder, and one Scott entered into a verbal agreement to the effect that they would make a partnership crop on the land belonging to Foster, Elder to plant and cultivate and Scott (in so far as the cotton crop, herein involved is concerned) to chop and pick. Scott and Elder were to share equally in the…