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GRANT COUNTY • CJ-2020-00003

Jayton Tautfest v. Steve Ascue

Filed: Feb 21, 2020
Type: CJ

What's This Case About?

Let’s cut straight to the chase: two Oklahoma farmers are in court over $10,000 in government checks — not rent, not crops, but USDA payments — and one of them is trying to yank the lease early like it’s a bad tooth. This isn’t Yellowstone. There are no helicopters, no cattle stampedes, no dramatic monologues about land and legacy. Just a 240-acre plot, a handshake deal gone sour, and a contract so specific it includes ditch maintenance and terrace height. Welcome to the high-stakes world of rural real estate drama, where the most dangerous weapon isn’t a rifle — it’s a poorly worded clause.

Meet Jayton Tautfest and Steve Ascue — neighbors, fellow dirt-kickers, and now sworn legal enemies. Jayton, the plaintiff, is a farmer who operates land he doesn’t own — a common enough setup in Grant County, where owning land and farming it aren’t always the same thing. Steve? He’s the landowner, the guy with the deed to the east half of Section 13-26-3W (yes, that’s a real place, and yes, only a farmer or a surveyor knows what that means). They’re not strangers. They’re not feuding families. They’re just two guys who thought they could do business like adults. And for a while, they did. On August 9, 2018, they signed a four-year lease agreement — a tidy little document that reads like a cross between a business contract and a dad’s to-do list. Jayton would farm the land. Steve would collect rent — $11,400 a year, paid in full every August 1st, upfront, like a farmer’s version of Netflix auto-renew. Simple. Clean. Boring, even.

But then came the fine print — and oh, the fine print. Buried in the “Special Stipulations” like a landmine in a cornfield, was this gem: All USDA government payments, pipeline damage checks, easement money, crop disaster payouts — anything the government throws at that land for the next four years — goes straight to Jayton, the operator. Not Steve. Not the landowner. The guy with the tractor. This wasn’t just about tilling soil — it was about who gets the windfalls when the government decides to hand out cash for drought, erosion, or some random pipeline company digging through your soybeans. And in farm country, those checks can add up. Fast.

For the first year, things went smoothly. Jayton paid his rent on time. He farmed the land. Steve stayed out of it. But somewhere between the 2019 harvest and the 2020 planting season, things went sideways. According to Jayton’s petition, Steve started cashing checks that weren’t his. Payments from the USDA — the very ones the contract said belonged to Jayton — ended up in Steve’s pocket. Pipeline damage money? Steve kept it. Easement fees? Also Steve. And when Jayton found out — because someone always finds out in a town where the post office knows your business — he did what any aggrieved farmer would do: he sent a demand letter. On January 2, 2020 — New Year’s resolution energy still strong — Jayton formally asked Steve to hand over the cash. Steve said no. Worse: he tried to cancel the lease early. The contract said it would auto-renew unless Steve gave written notice by April 1 of the fourth year. It was January. He hadn’t given notice. So under the agreement, Jayton had the right to keep farming through 2022. But Steve apparently decided he didn’t care. He wanted Jayton off the land. And that, friends, is when the lawyers got involved.

Jayton’s lawsuit boils down to one legal idea: you broke the contract, Steve. That’s it. Breach of contract — the legal equivalent of “you said you’d do a thing, and you didn’t.” Specifically, Steve failed to forward payments that, by the terms of the lease, belonged to Jayton. That’s the core of the claim. But it’s not just about the money already lost — it’s about the future, too. Jayton isn’t just suing for the $10,000 in USDA and pipeline checks Steve allegedly pocketed. He’s also asking the court to stop Steve from kicking him off the land early. That’s what the “injunctive relief” is for — a court order saying, “Hey Steve, hands off the lease. You can’t just cancel it because you feel like it.” Without that, Jayton could lose not just past income, but future farming rights, crop yields, and more government payments down the line. So the $10,000? That’s just the opening bid. The real stakes are four years of farming rights and every dime that comes with them.

Now, let’s talk about that number: $10,000. In a world of multi-million-dollar lawsuits, that might sound like pocket change. But in rural Oklahoma, $10K is not nothing. That’s a new tractor tire. That’s a year’s worth of seed corn. That’s a kid’s college fund. And for a 240-acre farm, $10,000 in lost government payments isn’t outrageous — it’s plausible. USDA programs like crop insurance, conservation incentives, and disaster aid can easily generate thousands per acre over four years, especially if there’s been bad weather or infrastructure work on the land. So while $10,000 might not break the bank, it’s enough to make a farmer mad enough to hire a lawyer named Richard A. Johnson from Holmes, Yates & Johnson — a firm that sounds like it should be solving murders in 1940s Chicago, not chasing down USDA checks in Grant County.

But here’s the real kicker: the lease was paid in full, in advance. Jayton didn’t owe Steve another dime in rent. He’d already paid for the 2022 crop back in 2018. So Steve wasn’t losing money on the rent side. He wasn’t being stiffed. He was just mad about losing out on the bonus money — the “extra” checks that, according to the contract, were never his to begin with. And yet, he tried to terminate the lease anyway. That’s not business. That’s pettiness. That’s the kind of move you make when you’re not mad about the money — you’re mad about the principle. Or worse: you didn’t read the contract the first time.

So what are we rooting for? Honestly? We’re rooting for the terraces. Because buried in this whole mess is a clause so gloriously specific it deserves its own spotlight: “Cultivate the land in such a way as not to reduce the height of land or terraces.” That’s right — this contract cares about dirt elevation. These aren’t just farmers. They’re soil architects. And if they’re going to go to war over government checks, at least they’re doing it with a document that treats drainage ditches like sacred relics. In a world where most of us can’t even read our phone contracts, these two sat down and agreed on acreage maintenance standards. That’s kind of beautiful.

But let’s be real: this whole thing could’ve been avoided with a single conversation. Or a notary. Or, dare we say, basic decency. Instead, we get a lawsuit, a demand for $10,000, and a judge being asked to referee a fight over who gets the government’s spare change. It’s not Hatfields and McCoys. But in its own quiet, dirt-under-the-nails way, it’s just as dramatic. And if nothing else, it’s a reminder: when you sign a contract that mentions terraces, read the whole thing. Especially the part about the money.

Case Overview

Petition
Jurisdiction
District Court of Grant County, Oklahoma
Relief Sought
$10,000 Monetary
Injunctive Relief
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Breach of Contract Plaintiff alleges Defendant failed to pay him for agricultural services performed on leased land.

Petition Text

885 words
IN THE DISTRICT COURT OF GRANT COUNTY STATE OF OKLAHOMA JAYTON TAUTFEST, Plaintiff, vs. STEVE ASCUE, Defendant. Case No. CJ-2020-3 PETITION COMES NOW the Plaintiff, Jayton Tautfest, by and through his attorney of record, Richard A. Johnson of the firm Holmes, Yates & Johnson, who for cause of action, states the following: 1. Plaintiff Jayton Tautfest is an individual residing in Grant County, Oklahoma. 2. Defendant Steve Ascue is an individual residing in Grant County, Oklahoma. 3. Venue is proper in Grant County, Oklahoma pursuant to 12 O.S. §§ 131 and 142. 4. This Court has both subject matter and personal jurisdiction over this action. 5. On August 9, 2018, Plaintiff and Defendant entered into a written agreement wherein Defendant agreed to lease certain lands to Plaintiff who would operate agricultural services on said lands more specifically described as follows: East ½ Section 13-26-3W, Grant County, Oklahoma containing 240 acres. See attached Exhibit A. 6. Pursuant to the written lease agreement, Plaintiff would receive any and all payments pertaining to the cultivated ground, whether USDA payments, payments for pipeline damages, easements or any other payment during the entirety of the lease beginning in August 2018 and ending in August 2022. 7. The terms of the agreement were to remain in effect for four years and would automatically be renewed unless given written notice on or before April 1st of the fourth year. 8. At some time during the agreement term, Defendant received payments relating to the said acreage; however, Defendant did not forward said payments to Plaintiff as indicated in the lease agreement. 9. On January 2, 2020, Plaintiff demanded the payments for crop damages associated with the leased acreage. 10. Defendant has refused to provide said payments to Plaintiff despite the demand issued to Defendant. 11. Further, Defendant has attempted to force termination of the contract which is in direct violation of said lease agreement. 14. Defendant is in direct violation of the agreement between the parties. CAUSE OF ACTION I: BREACH OF CONTRACT 15. Plaintiff adopts all other paragraphs of this Petition by reference. 16. Plaintiff has performed all conditions precedent to recover under the parties’ contract or agreement. 17. Despite demand, Defendant has wholly failed and refused to pay the remaining balance to Plaintiff for the agricultural services performed and continuing obligations. 18. Such failure to pay the received payments associated with the agricultural land is not compliant with the parties’ agreement and the terms thereof and constitutes breach of contract. 19. Further, Defendant’s failure to pay said obligations under the terms of the contract constitutes breach of contract. 20. Defendant’s attempts to terminate the lease also constitutes a breach of contract which will result in damages should Defendant try to keep Plaintiff from farming the land for the duration of the lease term. 21. Plaintiff has not excused Defendant’s breach of contract. 22. As a result of Defendant’s breach of contract, Plaintiff has sustained damages in excess of $10,000.00 as of the date of the filing of the Petition. 23. In addition to current actual damages, Plaintiff anticipates that future damages will be sustained if Defendant further attempts to keep Plaintiff from performing under the contract. WHEREFORE, premises considered, Plaintiff, Jayton Tautfest, prays for judgment against the Defendant as follows: A. That the Court enter judgment against the Defendant in excess of $10,000.00 with interest accrued thereon. B. For an injunction staying any early termination of the agreement which violates the agreed upon terms. C. For all costs and reasonable attorney fees that the Court may deem just and proper. D. For such other and further relief as the Court may deem just and proper. Richard A. Johnson, OBA #21718 HOLMES, YATES & JOHNSON P.O. Box 750 Ponca City, OK 74602 Telephone: 580/765-6727 Facsimile: 580/765-6757 [email protected] ATTORNEYS FOR PLAINTIFF Grant Co. Lease Agreement Jayton Tautfest, and Steve Ascue I Steve Ascue enter into this lease agreement on August 9, 2018 Legal Description: East ½ section 13-26-3W Grant co. Oklahoma containing 240 acres in cultivation for a four year lease. Beginning after the 2018 crop is harvested and ending after the crop is harvested in June 2022. These payments are being paid in advance every year, after the last year of operating the farm Jayton Tautfest will not have to pay by Aug. 1st because payments have been paid in advance in full starting August 9, 2018. See pay scale below Terms: $47.50 per acre x 240 acre = 11,400 per year Cash rent to be paid in full August 1st of each year Maintain all drainage ditches, terraces in working condition Cultivate the land in such a way as not to reduce the height of land or terraces Jayton Tautfest 4 year pay scale 1st payment Aug. 1st 2018 for 2019 crop 2nd payment Aug. 1st 2019 for 2020 crop 3rd payment Aug. 1st 2020 for 2021 crop 4th payment Aug. 1st 2021 for 2022 crop Special Stipulations All USDA Government payments pertaining to the cultivated ground go to the operator Jayton Tautfest, or any other payment made for the entire four year lease including the growing crop of 2019 to 2022 crop. USDA payments or other payments such as pipeline damages, easements, or any other damages to the growing crops be paid to the operators for the entire four year lease. The term of the agreement shall be for four years and will be automatically renewed unless giving written notice on or before April 1st the premises shall be released to the land owner, after that year crop is harvested. Owners Signature ____________________________ Date 8-9-18 Operators Signature ___________________________ Date 8-9-18
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