Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999)

Citation: Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999)
Parent Document: Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999)
Jurisdiction: Missouri (state)
Effective Date: 1999-04-06
Original Source: https://www.courtlistener.com/opinion/2453209/robin-farms-inc-v-bartholome/ ↗

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As to the issue of the respondents’ knowledge of Robin Farms being in possession of the farm and claiming to be a tenant, the appellants, in their answer to the respondents’ counterclaim for ejectment and in John Fay’s affidavit, filed by them in response to the respondents’ motion for summary judgment, asserted that various crop payments were made by the Department of Agriculture and the Farm Service Agency to the respondents, as owners, and Robin Farms, as the tenant. In corroboration of Robin Farms’s claimed tenancy and these payments, the appellants attached various exhibits to their pleadings. Although the appellants’ answer and the affidavit of John Fay did not identify the payments in question as rent payments, the clear inference is that the payments were being made to the respondents for crops raised on the farm during a claimed tenancy of Robin Farms. Furthermore, as to the issue of Robin Farms’s tenancy, the trial court readily admitted in its findings that there was a question as to who was entitled to possession of the farm. Under these' circumstances, and given the fact that we are to interpret the record in a light most favorable to the non-movant, ITT Commercial Fin.,

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