27 Kan. 702 | Kan. | 1882
The opinion of the court was delivered by
The only question before us is, whether the special findings of the jury are inconsistent with the general verdict. If they are, the former control the latter and the judgment was properly rendered. If they are not inconsistent with the general verdict, the ruling of the court was erroneous, as it.was its duty to enter judgment upon the verdict, or to have set aside the verdict and findings and
We decide this case upon the theory that it was apparent' to the jury that it was the intention of Berkshire to transfer . the title to the plaintiff, and of the plaintiff to accept it at the date of the contract, and that they so found by their verdict. A party may make a valid sale of a crop growing on his-premises, or the grain that a field is expected to grow. (Hobart, 132.) Cl If rights are vested or possibilities are distinctly connected with interest or property, they may be sold.” (1 Parsons on Contracts, 5th ed., p. 523.) In Bellows v. Wells, 36 Vt. 599, it was held that a lessee might convey to his lessor all the crops which might be grown on the leased land during the term, and no delivery of the crops after they were harvested was necessary, even as against attaching creditors. See Hull v. Hull, 13 Reporter, 362.
The eighth special finding is not material in this case, as it appears from the answer of the defendants that prior to September 23, 1879, (the date of the commencement of this action), Wilson, the lessee, and Martin, to whom a part of the farm had been sub-let, had separated the crops and delivered! over to W. T. Pugh, as constable, the portion claimed by plaintiff. So there was in fact before the commencement of this action an.actual division and separation of the crops, and the
The judgment of the district court will be reversed, with direction to the court to render judgment upon the special findings and verdict in favor of the plaintiff.