Soeken v. Hartwig

The opinion, of the court was delivered by

Hutchison, J.:

This is an action by the purchaser of land to recover from the vendor thereof the value of the wheat crop grown on. ninety-five acres of the land purchased, which was growing and immature at the time of the purchase. No reservation of the crop was-made in the written contract or deed, but the vendor claims to have made an oral reservation thereof prior to the execution of the contract and deed. The answer alleged such oral reservation, and on the trial the court admitted evidence as to it. The jury found for the defendant, and specially…