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ALLEN v. COSTNER

No. 531.

56 S.E.2d 656 (1949)

231 N.C. 340

ALLEN v. COSTNER et al.

Supreme Court of North Carolina.

December 14, 1949.

Attorney(s) appearing for the Case

J. L. Hamme, Gastonia, for plaintiff, appellant.

James Mullen, Gastonia, for defendant M. O. Baker, appellee.

P. W. Garland, S. B. Dolley, Gastonia, for defendant F. C. Costner, appellee.

SEAWELL, Justice.

The plaintiff bought a tract of land from M. O. Baker which was being farmed, in part, by Costner on a rent-share basis, Baker to furnish the fertilizer, and the crop, (of wheat), divided between the landlord and sharecropper on a 50-50 basis. By this arrangement Costner became the tenant of Allen on the terms of the Baker contract.

Allen demanded that Costner carry one-half of the wheat crop to his barn and Costner refused because the fertilizer...

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