116 Mich. 340 | Mich. | 1898
This cause has been before us on a former occasion upon a writ of error issued at the instance of the plaintiff. Ill Mich. 6. On that occasion we held that it was competent for the defendant to offer to show a certain defense, viz., that, when defendant’s father deeded the place to the plaintiff, the consideration was an agreement that the grantor should be allowed to grow 20 or 25 acres of wheat upon the premises, and that this inured to the defendant’s benefit. Hpon the last trial the plaintiff was careful, in stating his case to the jury, to base his right to the wheat which he had replevied upon a bargain made between himself and the defendant, by which the latter was to raise a crop on shares, one-third to go to the plaintiff; and he says that he relied on no other claim. Thereupon the defendant’s counsel stated the defense, in the course of which he said that the defendant’s father, owning the farm, leased it to the defendant for a year in May, 1893, and that he afterwards deeded to the plaintiff, in consideration of an agreement that the defendant should be allowed to raise 20 or 25 acres of wheat, and that in reliance upon this arrangement, and by consent of his
We are of the opinion that counsel have misconceived the other case. They alleged two errors,' — -one that, although the trial court excluded the proposed testimony, it was error to permit the defendant to state to the jury what he proposed to prove upon that subject. The court, as is its custom where a question is sure to arise upon a second trial, discussed and determined it. The question was raised by the assignments of error, and would have reversed the case had we taken plaintiff’s view of it. As it was, the case turned on the question of demand. Our former opinion has settled the principle applicable to this casé.
If it be conceded that, notwithstanding the agreement between plaintiff and the father, a valid contract for cropping might be made between the plaintiff and the defend
The fourth request was given in substance, which we have frequently said dispenses with the necessity of giving specific requests.
Counsel urge that the only agreement proved was, not that plaintiff would allow the father of defendant to raise wheat, but the son. We think this would not alter the rights of the son, if, by consent of his father, hq raised this wheat. It was none the less his wheat, and none the more the wheat of the plaintiff.
We must decline to again discuss the question of the alleged variation of the deed by parol, as it was covered and settled upon the former hearing.
Counsel sought to impeach a witness by introducing the former bill of exceptions containing a statement of his testimony. This was clearly inadmissible, as it had not the sanction of an oath. It is usual to call the stenographer, and prove the statements made upon his oath.
The judgment is affirmed.