29 Ga. App. 557 | Ga. Ct. App. | 1923
1. The fundamental distinction between the relationships of landlord and cropper and landlord and tenant is in the fact that the status of cropper is that of a laborer who has agreed to work for and under the landlord' for a certain proportion of the crop as wages, but who does not thereby acquire any dominion or control over the premises upon which such labor is to be performed, the cropper having the right merely to enter and remain thereupon for the purpose of performing his engagement; whereas a tenant does not occupy the status of a laborer, but under such a contract acquires possession, dominion, and control over the premises for the term-covered, by the agreement, usually paying therefor a fixed amount either in money or specifics, and in making the crop performs the labor for himself and not for the landlord. The vital distinction is in whether the person making the crop does so as a laborer upon the premises controlled by the landlord, or whether he performs the work for himself upon premises over which he has possession and control. Where in any given case it is necessary to determine which of these relationships exists, the general rule is applicable that the true intention of the parties should be given effect. The fact that under the terms of the contract the person making the crop is to receive a designated proportion thereof constitutes one of
2. The motion for new trial includes only the general grounds. It cannot be said as a matter of law that the evidence absolutely failed to authorize a verdict for the plaintiff in the amount of the verdict rendered.
Judgment affirmed.