124 Cal. 591 | Cal. | 1899
Plaintiff alleged in his complaint that defendant employed him to summer fallow certain land, between four hundred and five hundred acres in area, and to plow and sow in wheat another parcel of eighty acres, both tracts being the property of defendant; he prayed judgment for the alleged value of such services. By its answer defendant denied that plaintiff did any of said work under its employment.
As nearly as we can ascertain from the evidence in the record the following facts appeared at the trial, without conflict; For several years next prior to and including the' cropping season of 1895-96 plaintiff farmed “on shares” it seems, a tract of some two thousand acres of land owned by defendant, which included the parcel of eighty acres last mentioned in the complaint. In February, 1896, he entered into an agreement with defendant whereby he undertook to summer fallow the four hundred acres
The cause of action alleged in the complaint was not sustained by any evidence. Allowing that the action brought by defendant to recover possession of all the land, and the judgment obtained in that ease, was a violation of defendant’s agreement relative to the summer fallowing, yet what was the obligation violated ? At most, only a contract for the cropping of land on shares where the owner agreed to contribute to the joint adventure the use of his land; there is no element of a contract of
Plaintiff’s case is in no better position as concerns the eighty acres which he plowed and seeded—perhaps not as good; he seems to have done this work for his own purposes either as a tenant of the land or in expectation of renewing his previous tenancy, and afterward declined to proceed on that footing; whether this declination was with or without sufficient cause, a matter which cannot be determined from the record, there is yet no evidence from which to infer a contract of employment between him and defendant for the doing of the work. The judgment and order denying a new trial should be reversed, with leave to plaintiff to amend his complaint should he be so advised.
Gray, C., and Cooper, C., concurred.
For the reasons given in the foregoing opinion the judgment and order denying a new trial are reversed, with leave to plaintiff to amend his complaint if he be so advised.
Harrison, J., Garoutte, J., Van Dyke, J.