Higinbotham v. Wolford
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. In Banc. November 11, 1918, and for a period of five years from that date, the plaintiff made a lease to the defendant of her certain farm near Echo, in Umatilla County, and certain machinery and utensils for which she was to receive as rental one half of the annual crop of hay in the stack and one half of the grain raised for the year 1919, one fourth of the grain for the years 1921 and 1923 delivered at the warehouse free of all…
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From Umatilla: Gilbert W. Phelps, Judge. In Banc. November 11, 1918, and for a period of five years from that date, the plaintiff made a lease to the defendant of her certain farm near Echo, in Umatilla County, and certain machinery and utensils for which she was to receive as rental one half of the annual crop of hay in the stack and one half of the grain raised for the year 1919, one fourth of the grain for the years 1921 and 1923 delivered at the warehouse free of all expense to the plaintiff, and certain pastures. The defendant took possession under the terms of the lease which provides:…
1Opinion of the CourtJohns, J.
It will be noted that the lease was executed on November 11th, and that the complaint was filed on August 21, 1919. By its terms, defendant agrees that he will farm in a good and husbandlike manner during the period of the lease; that he will properly care for the alfalfa now sown and growing and spring-tooth it and carefully irrigate it according to good husbandry in the locality; at the proper time he will cut and properly stack it at his own ex*57pense; that thirty days after stacking the last crop it shall he equally divided. Second, as to the wheat now growing, for the year 1919, one half…
2Cases cited2 opinions
- Matthews v. DiggesCalifornia Court of Appeal · 1920
- Anderson v. HammonOregon Supreme Court · 1890
3Cited by3 opinions
- Clanton v. Oregon Kelp-Ore Products Co.Oregon Supreme Court · 1931
- Gregg v. GreenSupreme Court of Colorado · 1934
- Peck v. RossOregon Supreme Court · 1932