49 Ind. App. 54 | Ind. Ct. App. | 1911
Appellant sued appellee for damages, alleged to have been suffered by reason of appellee’s failure to plant in corn and tend properly certain land during the season of 1907. Appellant’s claim is that he and appellee entered into an oral agreement, whereby appellee was to plant in corn 150 acres of appellant’s land, paying to appellant half the crop raised, but that appellee planted only 100 acres of the land so rented, and did not properly tend the portion that was planted. Appellee answered appellant’s complaint by two paragraphs, the first, a general denial; the second admitted renting the land, as alleged in the complaint, but averred, as a defense, that said land was low, wet bottom land, subject to overflow; that in the spring of 1907 he began work on the land as soon as it was seasonable, but that the season was rainy and wet, and that he was so hindered by heavy rains and high water that he was unable to place the entire ground in corn, but farmed all that it was possible for any good husbandman to place in crops during said season; that he used all diligence and care to tend said crops in as good, husbandlike manner as the season would permit, and fully performed his part of the agreement, so far as it was possible on account of said X’ainy season. Appellant replied in general denial.
The case was twice tried by a jury, and each time, a verdict for appellee was returned.
For further authorities on what constitutes argument of an alleged error, see Liggett v. Firestone (1885), 102 Ind. 514; Chicago, etc., R. Co. v. Barnes (1894), 10 Ind. App. 460; Smith v. McDaniel (1892), 5 Ind. App. 581, and cases cited; Bonnell v. Shirley (1892), 131 Ind. 362; Ewbank’s Manual §188; 1 Thornton’s Ann. Civil Code pp. 9, 13, notes to rules 22 and 26 of Supreme and Appellate courts.
The record discloses the fact that there have been two trials of this cause, and the same result reached both times, and there is nothing to indicate that another or many more trials, would produce any other or different result.
Section 700 Burns 1908, §658 R. S. 1881, provides that no judgment shall be “reversed, in whole or in part, * * *
Judgment affirmed.