Piazzek v. White
Supreme Court of Kansas
Error from Shawnee District Court. Replevin brought by Piazzeh, against White, for three hundred bushels of corn. Trial at the May Term, 1879, when the court gave among others the following instruction to the jury: “9. But if the rent had once been divided, and Piazzek, by himself or agent, deposited the corn in controversy with White, and had it put into a crib in which there was other corn of White’s, with the agreement that White was to deliver that corn or other corn…
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Error from Shawnee District Court. Replevin brought by Piazzeh, against White, for three hundred bushels of corn. Trial at the May Term, 1879, when the court gave among others the following instruction to the jury: “9. But if the rent had once been divided, and Piazzek, by himself or agent, deposited the corn in controversy with White, and had it put into a crib in which there was other corn of White’s, with the agreement that White was to deliver that corn or other corn afterward on demand, then the jury will find for the defendant.” The court further instructed the jury: “ 10. That if White…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Replevin for 300 bushels of corn, of the value of $81, commenced by Piazzek against White, before a justice of the peace. The action was taken on appeal to the district court, where it was tried at the May term, 1879. Judgment was given for defendant White. The plaintiff brings the case here on error.
On the 30th day of January, 1877, plaintiff rented certain land to defendant for the term of three years from March 1, 1877, (except in case of a sale of the premises, when the lease was to terminate,) the defendant agreeing to cultivate all…
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