Wallace v. Carter

The opinion of the court was delivered , by

Harvey, J.:

This is an action for a balance of $750 claimed to be due for the rent of pasture and farm land for the year 1928. The *304trial court sustained a demurrer to plaintiff’s evidence, and he has appealed.

The record discloses substantially the following: Plaintiff owned, in Kearny county, 1,120 acres of pasture land and 320 acres of farm land, and 40 acres, a part of which was farm land and the rest pasture. There was a set of improvements, and a small part of the pasture near the improvements was fenced. The rest of the pasture land was…