Vogt v. Madden

713 P.2d 442 (1985)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Vogt (P) had an oral sharecrop agreement with Madden (D) to farm seventy acres of land for the year 1979. It was undisputed that the parties orally and expressly renewed the agreement for the year 1980. Under the agreement, certain expenses were to be borne by P and some were to be shared equally. The net profits derived from the crops were to be divided equally. P contends that a share crop agreement exists for 1981. P sued D for $2,000 for D’s share of expenses incurred by P in the years 1979 and 1980 and for damages for breach of the 1981 agreement. The issue to be determined on appeal was whether in fact, a sharecrop agreement was in force for 1981. P testified that because no profits had been realized on the 1979-80 crops of wheat, he intended to grow beans in 1981. P testified that he had met with D several times in August and September 1980 after the 1980 crop had been harvested concerning the expense for 1979 and 1980 and to discuss what to do in 1981. P testified at trial that he was under the impression that he was allowed to farm pinto beans in 1981. P testified that he discussed the matter with D and no objections were raised. P admitted at trial that D never expressly agreed to enter another agreement but he also testified that D never rejected P’s impression and never told him not to proceed. D claimed there was no agreement. D claims that he expressly rejected farming in 1981. P denied that D ever made such an express rejection. In the fall of 1980, D leased the property to another for the 1981 year. P got the jury verdict for $18,540.