McGary v. Hart

The opinion of the court was delivered by

Hopkins, J.:

The action was for conversion of 285.6 bushels of wheat. Trial was to a jury. The plaintiff recovered and defendant appeals.

Plaintiff’s father held a lease on a section of land in Morton county owned by defendant and defendant’s father. In the lease it was provided that the lessee should receive two-thirds of all the grain. The lease was ambiguous as to the length of term. It was dated April 15, 1919, “for the term of 10% months commencing on the 15th day of April, 1919, and ending the 1st day of March, 1921.” It contained the provision…