33 P. 712 | Ariz. | 1893
On December 4th, William H. Robinson entered into a written contract with John W. Thomas and D. C. Clarahan, the terms of which contract were substantially as follows: Robinson agreed to furnish land, water for the irrigation thereof, and seed for the growing of crops of barley and wheat thereon during the season of 1890. Thomas and Clarahan agreed to construct the necessary irrigating ditches on said land, to sow, irrigate, and otherwise tend and care for said crops of barley and wheat until maturity, and then at the proper season to harvest thresh, dean, and sack all the grain produced by said crops, entirely at their' own expense. The contract, in addition, contained the following stipulation: “That the title to said entire crops shall always be and remain in the party of the first part until the same shall have been grown, harvested, and sacked, and 150 pounds of wheat for each and every acre of land sown ) u wheat, and 200 pounds of barley for each and every acre o:: land sown in barley, and hauled by the parties of the second part at their own expense, and they hereby agree to haul the same to the city of Phoenix, Arizona, and there deposit the same in some place to be designated by the party of the first pare; and that thereupon, and not before, the remaining portion of said grain so grown and harvested on and from said land rhiall be paid to said second parties for the things they undertook to do in the premises, provided they shall perform the same in good faith; and that during all the period of time heroin specified said first party shall be deemed in possession of said lands and crops, and all said work shall be done under his supervision and to his satisfaction; and, in the event of a failure on the part of the second parties to diligently prosecute the said work, the party of the first part may perform the same himself, and carry out the terms of the foregoing agreement in any manner he shall see fit, and all rights of the second parties shall thereupon cease and determine.” It was further stipulated that the party of the first part should not have the right “to be dissatisfied with said work, or perform the same himself, or to interfere with the second parties, if the second parties prosecute their work with ordinary diligence, and perform the same in a diligent and workmanlike man aer. ’ ’
It appears that Thomas, under said contract, entered upon the land of Robinson, and performed the labor required in
The principal contention in this case grows out of the interpretation to be put upon the contract between Robinson and Thomas. Appellants contend that it is nothing more than a contract of lease, and that by it the relation of landlord and tenant was created between the parties thereto; that all the interest, which Robinson had, therefore, in the crops was a mere lien for the share hi would have been entitled to had the contract been fully and completely carried out by the parties thereto. On the other hand, it is contended by the appellee that it is a contract of hire, or what.is commonly denominated a “cropper’s contract,” which may be defined generally as one in which one agrees to work the land of another for a share of the crop, w ithout obtaining any interest in the land or ownership in the crop before division. Under such a contract the occupier be tomes merely the servant of the owner of the land, being paid for his labor in a share of the crop. The authorities are somewhat .conflicting as to what words will constitute a contract one of lease and what will constitute one of hire. The' general rule, as laid down by the weight of authority, is, that (lie character of a contract to cultivate lands on shares is to be determined by ascertaining the intention of the parties as expressed in the language they have used. If the language used imports a present demise of any character by which any interest in the land passes to the occupier, or by which he obtains the right of exclusive possession, the contract becomes one of lease, and the relation of landlord and tenant is created. Putnam v. Wise, 37 Am. Dec. 314, and eases therein cited. If,, on the other hand, there be no language in the contract importing a conveyance of any interest in the land, but by the express terms of the contract the general possession of the land is reserved by the owner, the occupant becomes a mere cropper, and the relation of master and servant exists between him and the owner. Haywood v. Rogers, 73 N. C. 320; Adams v. McKesson, 53 Pa. St. 81, 91 Am. Dec. 183; Esdon v. Colburn, 28 Vt. 631, 67 Am. Dec. 730; Wentworth v. Miller, 53 Cal. 9; Romero v. Dalton, 2 Ariz. 210, 11 Pac. 863. The contract in question provides in express terms that the title to the crops to be grown was to be vested in Robinson, and that he was to be deemed to -be
Appellants complain that the trial court assessed the value of the property at the time of the trial, and not at the time of taking. We find no error in the ruling of the court in this
The court below refused to hear proof of the cost of threshing and hauling the grain, expended by the sheriff, and made no deduction thereof in the judgment. This is assigned as error by the appellants, who contend that they should have been allowed this cost, for the reason that it was spent in bettering the property, in ignorance of the claim of appellee. While there are authorities which hold that when the taking was in good faith the plaintiff in replevin can only recover the value of the property less the increased value put upon it by the labor and skill of the irnocent taker, the weight of authority seems to be that in actions of claim and delivery, as also in replevin, where the legal identity of the property has not been destroyed, the owner is entitled to recover the whole of it or its full value without any deduction for labor bestowed upon it. In trover, undoubtedly, a different rule prevails. The present case is sea rcely one for the application of the rule contended for, in any event. It was the business of the sheriff, under the writ, to have levied upon and sold the property in the stack, and he was scarcely justified in expending labor or cost upon it which was not necessary for its preservation. We think the judgment should be affirmed, and it is so ordered.