Kleeman v. Fogerson

CARMODY, Justice.

From the action of the trial court in dismissing plaintiff’s complaint and granting judgment on defendants’ counterclaim, plaintiff appeals.

Plaintiff brought suit to recover the reasonable value of grazing twenty-three head of cattle on the plaintiff’s pasture land. The defendants answered and also counterclaimed for an alleged breach of contract, by reason of a claimed violation of the covenants in a lease agreement entered into between the parties, viz., failure to maintain boundary fences and adequate water supply for the use of cattle on the premises. The lease, or a copy…