Rice v. Whitmore
California Supreme Court
Appeal from a judgment of the Superior Court of Stanislaus County, and from an order refusing a new trial. The action was brought to recover damages for the breach of a contract of lease.
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Appeal from a judgment of the Superior Court of Stanislaus County, and from an order refusing a new trial. The action was brought to recover damages for the breach of a contract of lease. On the trial, the court, at the request of the plaintiffs, instructed the jury as follows: “ If, then, you find that the contract was entered into substantially as claimed by the plaintiff, and that thereafter the defendant refused or neglected to carry out the terms of said agreement against the will of plaintiff, and you further find that the plaintiff has suffered damages by reason of said breach, then I…
1Opinion of the Court
Belcher, C. C.
This is an action to recover damages for an alleged breach of contract.
As stated in the complaint, the contract was made by the parties in September, 1883, and was for the lease of a certain ranch in Stanislaus County, containing about 960 acres of land. It is alleged that the defendant agreed to and with the plaintiff that he “ would rent, lease, and farm-let to plaintiff” the ranch for the term of one year from September, 1883, and would forthwith put plaintiff into possession thereof, and would accept as rental there*622for one fourth of all grain raised on the premises during…
2Cited by30 opinions
- Treadwell v. NickelCalifornia Supreme Court · 1924
- Twyman v. RoellSupreme Court of Florida · 1936
- Shoemaker v. AckerCalifornia Supreme Court · 1897
- Herpolsheimer v. ChristopherNebraska Supreme Court · 1906
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
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