Legal Opinion

McLeod v. Thompson

Supreme Court of Iowa

Decided April 13, 1908PublishedCited by 7 opinions

Appeal from Crawford District Court.— IIon. F. M. Powers, Judge. The defendant was a tenant on plaintiff’s farm for a term of three years, beginning March 1, 1902. By the terms of the lease he was to pay as rent one-half of all the proceeds of the farm, and to begin with not less than seventy-five head of cattle and fifty brood sows were to be kept on the farm, “ the profits of all sales to be equally divided between each party at the time of making the sale of the stock or…

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Appeal from Crawford District Court.— IIon. F. M. Powers, Judge. The defendant was a tenant on plaintiff’s farm for a term of three years, beginning March 1, 1902. By the terms of the lease he was to pay as rent one-half of all the proceeds of the farm, and to begin with not less than seventy-five head of cattle and fifty brood sows were to be kept on the farm, “ the profits of all sales to be equally divided between each party at the time of making the sale of the stock or other proceeds of the farm.” To this there was an exception in these words: “ It is also agreed that the party of the…

1Opinion of the CourtLadd, C. J.

By the terms of the lease, the tenant agreed to pay the landlord, “ one-half of all the proceeds of the farm,” except that the tenant was “ to have all butter made from the milk milked from cows on the farm.”. After the first year, he disposed of cream separated from the milk to a company engaged in making butter, the proceeds of which amounted to $590.19. While compensation therefor was determined by the percentage of butter fat contained in the cream, it was the latter which was taken from the farm and delivered to the creamery. No argument is required to show that cream is not the same as…

2Cases cited3 opinions

  1. Hanson v. KlineSupreme Court of Iowa · 1907
  2. Fenner v. Crips Bros.Supreme Court of Iowa · 1899
  3. Saatoff v. ScottSupreme Court of Iowa · 1897

3Cited by7 opinions

  1. Pixler v. ClemensSupreme Court of Iowa · 1923
  2. Wilkinson v. PrichardSupreme Court of Iowa · 1909
  3. Millard v. CurtisSupreme Court of Iowa · 1929
  4. Cox v. ClineSupreme Court of Iowa · 1910
  5. Geddes v. McElroySupreme Court of Iowa · 1915

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