Martin v. Hamersky

The opinion of the court was delivered by

Pollock, J. :

Plaintiff, Stephen Martin, leased sixty acres of unbroken prairie land to defendant, Anton Hamersky, for a term of two years, commencing March 1, 1895, and ending March 1, 1897. The consideration expressed in the lease reads as follows :

“For the use of said premises for the.term mentioned, he hereby covenants and agrees to break and cultivate for the said two years the above-mentioned property. . . . It is further agreed by the parties to the within, lease that lessee shall pay all taxes on the above-described property for the years 1895,…