Chandler v. Thurston
Massachusetts Supreme Judicial Court
Trespass for breaking the plaintiff’s close, and for taking and carrying away therefrom a quantity of corn. The cause was fried before the late chief justice Parker.
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Trespass for breaking the plaintiff’s close, and for taking and carrying away therefrom a quantity of corn. The cause was fried before the late chief justice Parker. It appeared that the defendant, being a constable and having executions against John Bragg, entered upon the close in question, and cut the corn thereon standing and carried it away, and after keeping it four days and advertising it as the law requires, sold it by auction, and applied the proceeds to the satisfaction of the executions. The interest of Bragg in the corn depended upon a parol contract proved by the testimony of a…
1Per curiam
The contract of Bragg in taking the land described, to cultivate, and to take one half of the produce as a compensation for his labor, may be regarded either as a contract to perform labor on the land of the plaintiff remaining in his own possession, and to receive his pay in produce ; or, as a hiring of the land for a term of time, rendering a rent payable in produce.1 In the former case, the contract being entire, to perform the whole labor of cultivating the land and harvesting'the crop, no right to a share in the property would vest in the laborer, until the labor stipulated for by the…
2Cases cited1 opinion
- Hollinsead v. MactierNew York Supreme Court · 1835