Brown v. Ela
Supreme Court of New Hampshire
Tkovek, for twelve tons of hay. Facts found by a referee. In the spring of 1886 the defendant leased to the plaintiff by parol his farm in Allenstown for the term of five years from April 1, 1886. It was a part, of the agreement that the hay crop be •divided equally between the parties, but to be spent on the farm, the plaintiff having the right to sell a portion of his share provided he should put an amount of fertilizers on the farm equal to the amount which the hay sold…
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Tkovek, for twelve tons of hay. Facts found by a referee. In the spring of 1886 the defendant leased to the plaintiff by parol his farm in Allenstown for the term of five years from April 1, 1886. It was a part, of the agreement that the hay crop be •divided equally between the parties, but to be spent on the farm, the plaintiff having the right to sell a portion of his share provided he should put an amount of fertilizers on the farm equal to the amount which the hay sold would make, or should bring to the farm an equivalent in feed for the hay sold. The lease was ■terminated at the end of a…
1Opinion of the CourtSmith, J.
The defendant knew of the division of the hay, made no objection to it, and after it was made recognized, it. From these facts it was competent for the referee to find that the plaintiff became the owner of a divided half, subject to the restriction that it was to be consumed upon the farm, or to be replaced by an equivalent in feed or by an amount of fertilizers equal to what would be made by the hay sold.
The defendant’s direction to his employe to feed his cattle from the plaintiff’s hay wras an act of dominion wrongfully exerted over the plaintiff’s property, inconsistent with his right.…
2Cases cited2 opinions
- Evans v. MasonSupreme Court of New Hampshire · 1886
- Baker v. BeersSupreme Court of New Hampshire · 1886
3Cited by2 opinions
- Town of West University Place v. AndersonCourt of Appeals of Texas · 1933
- Knapp v. GuyerSupreme Court of New Hampshire · 1909