Alexander v. Wehkamp

The opinion of the court was delivered by

Wertz, J.:

Appellant (plaintiff below) as landowner brought this action against the appellees (defendants) as tenants under a written lease.

Plaintiff’s first cause of action was to replevin the entire volunteer wheat crop raised and harvested on 88.43 acres of the leased land. His second cause of action was to recover damages against defendants for their failure to drill and plant 212 acres of wheat which with the 210 acres drilled would make up the % of the section required, under terms of the written lease, to be drilled to wheat.

Defendants answered…