Mull v. Boyle

The opinion of the court was delivered by

Mason, J.:

Henry Mull, the owner of a tract of land, agreed with James, Charles and Ed Boyle that they were to grow a crop of wheat thereon, delivering to him one-third thereof. The.agreement was carried out. Mull thereafter brought an action against the Boyles, alleging that they had, for their own benefit, pastured cattle upon the growing wheat between November and March, and asking judgment for $120, which he alleged to be one-third of the value of the pasturage. An objection to the introduction of evidence upon this part of the petition was…