97 So. 5 | Miss. | 1923
delivered the opinion of the court.
“In consideration of a salary of fifteen hundred and no/100 dollars ($1,500) and the privilege of working two-mule crop on shares, I hereby agree to work the plantation of Mrs. W. S. Mullins on Bear creek and to keep to the best of my ability enough labor to cultivate all open land; it being understood that I am not to take the choicest parts of said place for both of my hands, but will try to divide my two wage crops evenly. This I agree to do to the best of my ability.”
On the 3d day of October, 1921, appellant filed her bill in the chancery court, alleging that she was the owner of nine hundred and eight acres of land situated in Humphreys and Leflore counties, which was purchased by her husband in his lifetime in the year 1919, paying at the time of purchase one-half of the purchase money in cash and the balance on partial payments secured by deed of trust; that her husband died in 1920, and since his death she has had charge of the plantation and owned it, but was a resident of Macon, in Noxubee county, where she had a hardware business, and that it was necessary for her to employ a manager for the said plantation; that in the month of December, 1921, she entered into the contract above set out, alleging that the defendant was to give all of his time to the business and management of the'place, and give faithful performance of the duty as manager, and that his duty was to procure a sufficient amount of labor to properly cultivate the land and occupy all the houses on the land, and that he was to keep the labor on the place during the year 1921 and to have the place properly cultivated, for which he was to receive on thousand, five hundred dollars, payable one hundíed and twenty-five dollars per month, beginning January 1, 1921, and ending January 1, 1922, and in addition thereto was to work on shares with the complainant in the cause a two-mule crop, this being understood to be a part of the consideration coming to him as manager, the complainant
She charges in the very outset that the defendant failed to perform his contract; that he did not secure labor to fill all of the houses, and for this reason some of the land was not cultivated; that at the very outset he showed incapacity to handle labor, and that the labor on the farm were about to leave, and that complainant had to come down from Macon to keep the labor on the farm; that defendant did not use ordinary intelligence in securing labor, and that this resulted in a small crop. She further alleged that the defendant was not keeping the books satisfactorily, and that she was put to the expense of having this work done by others; that defendant called her more than once to come from Macon to,said plantation to help in the management and performance of his ordinary duties; that he did not give the making of the crop proper attention; that no one worked on the place except share croppers, and there was no need to pay extra money for laborers to assist in the crops, but that the defendant did employ such additional labor for said purpose, and that he refused to carry out her instructions, and that he disturbed the labor on the place; that the reason for this failure and lack of interest in the management of the plantation was his antagonism to her and her interests; that on the 1st day of August, 1921, she notified the defendant that she desired to take possession of said farm on the 1st of October; that she would allow him to remain in the house with his family until the 1st of November, but that she would place a new manager of the place on the 1st of October; that she again notified him in September
The injunction was granted as prayed for, and the defendant filed an answer denying all the allegations of the bill with reference to defaults upon his part in carrying-out the provisions of the contract. It admits that he was to receive one thousand five hundred dollars per year, and to work a two-male crop on shares with the complainant, and denies that the contract provided that he was to procure sufficient labor to occupy all the houses on the plantation, or that the contract provided he was to keep labor on the place during the year 1921; alleges that he worked a one-mule crop on shares, and that he resided with his family upon the land described, and that he had lived on the plantation for three years prior to 1921, managing the said plantation during the years 1918, 1919, and 1920, and says that he had sufficient labor on the place to work the entire plantation, and that he could have kept the labor on the place, but for the intermeddling of the complainant with the labor, and because she would not furnish the tenants with proper and sufficient supplies that some of the labor left the plantation during the year. It denies substantially the allegations of lack of due care and skill in the management of the business, and substantially all of the grounds upon which the bill seeks to annul the contract and regain possession of the place, and filed a motion to dissolve the injunction and an itemized account of damages for the wrongful suing out of the injunction.
A motion to dissolve the injunction was heard on the 31st day of October, and a decree rendered on the 1st
The testimony offered by the parties on the allegations of the bill and the issues made by the answer was conflicting ; the testimony of the complainant tending to establish the allegations of the bill, while that of the defendant tended to show the allegations of the bill not true, a number of the neighbors testifying that the defendant had managed the place and made- as good crops as could be expected under the circumstances, and that he had discharged the duties of manager during said year. It was shown in evidence for the defendant that he had managed the place for four years, and that he was a competent and prudent manager. The defendant also introduced a letter written to him by the complainant, bearing date of the 8th day of August, 1921, expressing “the belief in you that I have held during this year that you are doing'your best for me,” also referring to the nice crop and expressing the hope that it would hold its own during the month, and, if so, “I think we will be safe.”
The evidence in the record warrants the finding of the chancellor that the defendant had performed his part of the contract, and that the complainant did not have reasonable grounds or legal grounds for breaching the contract and discharging the defendant as manager of the place. Assuming that she had the power to discharge subject to liability for damages for so doing at law, we think that she is not entitled to maintain an injunction in this case, because she does not come into equity with clean hands; that is.to say, equity will not lend her aid
Affirmed.