Stoppel v. Mastin

The opinion of the court was delivered by

Schroeder, J.:

The question presented by this appeal concerns the rights of a landlord and his new tenant to the idle ground, where the lease of a holdover tenant on a year-to-year basis is terminated by proper notice. The land in question was being farmed by the holdover tenant on a summer fallowing basis whereby one-half of the ground is seeded to wheat every other year.

C. R. Mastín (defendant-appellant) was operating land owned by Frank C. Brungardt and Twila Brungardt (plaintiffs-appellees) as the holdover tenant in possession of 480 acres of land.…