Digest: Brenner v Reid, 2018 SKPC 34

Date:May 18, 2019

Reported as: 2018 SKPC 34

Docket Number: 17-Jun , PC17136

Court: Provincial Court

Date: 2019-05-18

Judges:

  • Kovatch

Subjects:

  • Torts � Conversion
  • Landlord and Tenant � Lease � Tenancy at Will

Digest: The plaintiff brought an action against the defendants, claiming that they had wrongfully converted hay bales, a durum crop and other chattels to their own use and sold them. The defendants counterclaimed that the plaintiff had trespassed upon their lands and they suffered damages. They also issued a third party notice to Vansa Farmland, who thereby became a defendant to a third party claim. The Reids alleged that Vansa had breached their sales agreement with them. The dispute arose after the plaintiff sold three quarter sections of farmland to Vansa in 2012. After the sale, the plaintiff remained on the lands pursuant to an alleged verbal lease agreement on a year-to-year basis. He testified that in 2012 there was a shared farming arrangement. In 2013, he agreed to rent the land for $10 per seeded acre and agreed to pay Vansa $.01 per pound for standing hay to be paid after the hay was harvested, and he then paid $1,300 rent for the lands to Vansa. In 2014, he was unwell and had not seeded any of the lands and thus made no rental payments. In 2015, he seeded 125 acres to durum and harvested 223 hay bales, each weighing 1,400 pounds. During the summer of 2015 Vansa sold the lands to the defendants. When informed of the sale by Vansa, the plaintiff testified that he agreed to be out of the house by October 1. There was no discussion of the hay bales, durum crop or his equipment on the land. In October 2015, the defendants told him that under the contract of purchase, they got the crop and bales and anything on the land and the plaintiff would not be allowed to remove his machinery. The plaintiff got the impression that he was not allowed to remove the bales or durum. Before the sale occurred, the plaintiff had sold 34 bales at 7.5 cents per pound and calculated that the value of the remaining 189 bales at $19,800. He estimated that the durum crop had 10 bushels to the acre and thus estimated his total harvest at 1,250 bushels worth $8.50, so that his damages for loss of this crop was $10,600. He also claimed that under his agreement for sale to Vansa he retained ownership of a water filter that he had installed in the house. As the defendants refused to allow him to remove it, he also claimed $2,000 for its value....

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