Smalley v. Corliss
Supreme Court of Vermont
Appeal prom: Chancery. It appeared from the bill and answer that the orator leased his farm in Swanton for one year from the 1st of March, 1860, lo the defendant upon shares ; and the orator complained that the defendant had not fulfilled certain stipulations of the lease, which the defendant denied.
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Appeal prom: Chancery. It appeared from the bill and answer that the orator leased his farm in Swanton for one year from the 1st of March, 1860, lo the defendant upon shares ; and the orator complained that the defendant had not fulfilled certain stipulations of the lease, which the defendant denied. The lease provided that “ the said farm is to be carried on and cultivated by said Corliss upon the principle that said Smalley is to furnish all the capital consisting of land, buildings, teams, seed, hay, stock and tools, now on said farm /and necessary for its proper management and…
1Opinion of the Court
Poland, Ch, J.
1. The first and principal question is as to the construction of the lease from the orator to the defendant.
The lease provides that Smalley is to have one-half of the gross proceeds of said farm in lieu of interest, “and to have as much property and value in hay, seed, teams, tools and stock returned to said Smalley at the expiration of said contract as he puts on to said farm and delivers over to said Corliss.” And it is again repeated in the lease, “said Corliss is to leave at the expiration of this contract upon said farm for the use of said Smalley, as much value in seed and…
2Cited by4 opinions
- Goslant v. Town of CalaisSupreme Court of Vermont · 1916
- Springer v. KroeschellAppellate Court of Illinois · 1895
- Glos v. SwigartAppellate Court of Illinois · 1894
- McBride v. McNallSupreme Court of Vermont · 1918