Hamilton v. Rock

ME. JUSTICE GIBSON:

I dissent. Assuming that appellants had a lease of the land upon which the hay was cut and harvested, it expired on April 1, 1942. The hay was not cut until July 1942, while respondent, who had bought the land in the May previous, was in the hospital at Glendive. Appellant *W. G. Hamilton testified to the effect that the cancelled check for $10 payable to Anna M. Clellan dated October 27, 1941, upon which was written, “Rent on N. "W.% Sec. 26-10-54 from April 1st, 1941, to April 1st 1942,” constituted a lease to the appellants, makers of the check, from Anna M. Clellan,…