Gerwein v. McDonnell

This is an appeal from an order denying a motion for a new trial, or in the alternative, for judgment notwithstanding the verdict. It appears that the plaintiff Gerwein had a judgment against B. McDonnell. In 1923, one Hagen who owned a certain farm entered into a written contract of lease of this farm with M. McDonnell for 1924. M. McDonnell was B. McDonnell's wife. A crop was grown on the Hagen land in 1924. Under the terms of the lease the lessee was entitled to a share of the crop. When the crop was threshed, a portion of it was hauled to the Minot Farmers Elevator Company and a portion…