Elmer Smith v. Nortz Lumber Company

On March 24, 1941, the defendant, as the owner of certain land in Richland county, entered into the customary cropper's contract with the plaintiff, the contract to terminate October 15, of that year. The plaintiff was to furnish seed, labor, and machinery, seed the land as directed by the owner and the owner was to give him a certain portion of the crops -- the title of the crops remaining in defendant until division. Possession by the plaintiff was contemplated by the very nature of the contract, and the contract was such as created the relationship of landlord and tenant. Minneapolis Iron Store Co. v. Branum, 36 ND 355, 371, 162 NW 543, LRA1917E 298. Plaintiff, in his complaint, sets forth that the ""defendant failed, neglected, and refused to allow or permit plaintiff to enter upon or take possession of any part of said real estate under said Farm Contract and plaintiff was prevented by the defendant from entering upon said real estate and from taking possession of the same for any purpose whatever;"" and that by this act of defendant he was damaged, setting forth various items of damage which are not necessary to mention.