Dow v. Bryant
Wyoming Supreme Court
ERROR to the District Court, Big Horn County, P. W. Metz, Judge. Action by Martin Dow, lessee, against Laura Bryant, lessor, upon a note given for rent in which defendant counterclaimed for damages to crops alleged to have resulted from shortage of water for the irrigation of the lands described in the lease. There was a judgment directed for plaintiff notwithstanding the verdict and defendant brings error. The material facts are stated in the opinion.
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ERROR to the District Court, Big Horn County, P. W. Metz, Judge. Action by Martin Dow, lessee, against Laura Bryant, lessor, upon a note given for rent in which defendant counterclaimed for damages to crops alleged to have resulted from shortage of water for the irrigation of the lands described in the lease. There was a judgment directed for plaintiff notwithstanding the verdict and defendant brings error. The material facts are stated in the opinion. Courts are confined to the consideration of the statement in the pleadings in disposing of a motion for judgment notwithstanding the verdict.…
1Opinion of the Court
Potter, Chief Justice.
By a written contract of lease the plaintiff rented to defendant for one year from the first day of March, 1919, certain described land in Big Horn County, “together with sufficient water from the Lewis extension of the R. Bahr Canal to irrigate” the same, for the sum of Five Hundred dollars, “payable December 1, 1919, for which amount-Lessee shall give to Lessor his note, dated March 1, 1919, with interest at 6% from date.” The note was executed and delivered to plaintiff by the defendant; and this suit was brought upon the note to recover the full amount of principal…
2Cases cited17 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Dolan v. . RodgersNew York Court of Appeals · 1896
- Anderson v. AdamsOregon Supreme Court · 1903
- Pengra v. WheelerOregon Supreme Court · 1893
- Switzer v. Pinconning Manufacturing Co.Michigan Supreme Court · 1886
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3Cited by3 opinions
- State v. Scott, County Com'r.Wyoming Supreme Court · 1926
- Tapper v. Idaho Irrigation Co.Idaho Supreme Court · 1922
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