Otto C. Bormann v. Wilhelm Beckman

This action was instituted by service of summons and complaint upon the defendant on November 23, 1943. The plaintiff seeks judgment on a promissory note for the sum of $701 with interest from the 8th day of April, 1941, at 6% per annum. The defendants answer pleads a general denial and sets forth two counterclaims. In the first counterclaim the defendant alleges that his son entered into a lease with the plaintiff in March, 1942, covering a tract of land in Adams County and that under the terms of the lease the lessee was to receive one-half of the grain raised on the land. On or about June 4, 1942, the lessee was inducted into the Army. It is then alleged that the plaintiff engaged the defendant to harvest the crop that had been planted by the lessee and it was agreed that the plaintiff was to pay one-half of the thresh bill and that the defendant was to receive one-half of the barley and oats grown on the leased land. The defendant then alleges that the plaintiff took all of the 170 bushels of oats raised on the premises and 98 bushels of barley that belonged to the defendant under this agreement, paid none of the thresh bill, and also put the defendant to additional expense of $14.60 in endeavoring to obtain his share of grain. The total of the items thus claimed is $246.35.