44 P. 645 | Idaho | 1896
This action was brought to foreclose a chattel mortgage given by Bergevin Brothers & Martin to T. F. Rourke, to secure the payment of certain promissory notes amounting, in the aggregate, to $22,250, with interest thereon at the rate of ten per cent per annum. The mortgage is dated January 1, 1893, and was given on all wheat to be raised and harvested in the year 1893 on about 3,069 acres of land situated on the Nez Perces Indian reservation in Nez Perces county. The complaint is in the usual form for the foreclosure of a chattel mortgage. Bergevin Brothers & Martin leased the land above referred to for the purpose of raising wheat thereon, and the appellant, T. F. Rourke, loaned them money, and took the mortgage above referred to as security therefor. It appears from the record that the following contract was entered into on the 8th of July, 1893, by Bergevin Brothers & Martin with Jackson, Vannice & Bundy, to wit:
“Genesee, Idaho, July 8th, 1893.
“Article to harvesting and threshing between Bergevin Brothers & Martin, parties of the first part, and Jackson, Van-nice & Bundy, parties of the second part, this day, witnesseth, and agreed to do said work, viz., in a good husbandman manner. Parties of the second part have agreed to cut all grain, belonging to the parties of the first part, on said leased land on the Nez Perces reservation, consisting of about 3,000 acres, more or less. Consideration, $1.25 per acre for cutting, and 4J cents per bushel for threshing. Parties of the second part agreed to hold all machinery on said crop until the completion of said crop.
“In witness whereof, we have hereunto set our hands and seals this day of July 8, 1893.
“For BERGEVIN BROTHERS & MARTIN,
“E. GIRAULT.
“B. JACKSON.
“A. M. VANNICE. “JOHN BUNDY.”
“Witnesses’ signatures:
“HARRY L. McKENNEY.”
Several errors are assigned, and among them the following: The court erred in finding that the employment of the several respondents was procured by appellant’s agent, George Y. Hamilton, or was approved and ratified or consented to by him, and that the court erred in finding appellant’s mortgage inferior in legal right to the liens of respondents, and that ap
It is not necessary for us to pass on the other errors assigned. There being no evidence to sustain the finding of the court that said work was done at the instance and request of appellant,