Tuttle v. Langley
Supreme Court of New Hampshire
Trover, for hay. Pacts found by a referee. Early in 1890, the plaintiff and one Halley, who owned a farm in Exeter, had negotiations with reference to a lease of the farm to the plaintiff for the term of five years. Haley agreed to give a lease for that term for $150 a year and allow the plaintiff to sell some of the hay raised on the farm, provided it was done so as not to injure the farm; meaning if any hay was sold, manures or other fertilizers should be bought and used.
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Trover, for hay. Pacts found by a referee. Early in 1890, the plaintiff and one Halley, who owned a farm in Exeter, had negotiations with reference to a lease of the farm to the plaintiff for the term of five years. Haley agreed to give a lease for that term for $150 a year and allow the plaintiff to sell some of the hay raised on the farm, provided it was done so as not to injure the farm; meaning if any hay was sold, manures or other fertilizers should be bought and used. No agreement in writing or memorandum was made or signed at this time. The pla.intifT moved on the farm about April 1,…
1Opinion of the CourtBlodgett, J.
The plaintiff’s occupancy of the farm was that of a tenant at will from year to year (P. S., c. 246, s. 1; Whitney v. Swett, 22 N. H. 10, 13) and as such entitled him to its annual fruits, of which the hay was one. Felch v. Harriman, 64 N. H. 472, 473; Plummer v. Currier, 52 N. H. 287, 296, aud authorities cited. And this would still be so, even if the hay was subject to the restriction that it be fed out on the farm. Griswold v. Morse, 59 N. H. 211, 214.
As tenant at will, the plaintiff was bound to carry on the farm in a husband-like manner. Whether he did so is a question, not of law, but…
2Cases cited5 opinions
- Pickering v. MooreSupreme Court of New Hampshire · 1893
- Noyes v. PatrickSupreme Court of New Hampshire · 1879
- Felch v. HarrimanSupreme Court of New Hampshire · 1887
- Griswold v. MorseSupreme Court of New Hampshire · 1879
- Whittredge v. EdmundsSupreme Court of New Hampshire · 1884
3Cited by1 opinion
- Ping v. KershawSupreme Court of Oklahoma · 1923