Balja v. Rawley
New York Supreme Court
On the 4th day of December, 1861, the defendant was . the owner of a farm of land situated in the town of Solon in the county of Cortland; and on that day leased the same to the plaintiff, for the term of five years commencing on the first of March, 1862; at which time plaintiff took possession of the farm under the lease, and continued in the possession of the whole premises until the 26th of January, 1864, when some difficulty arose between the parties in relation thereto,…
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On the 4th day of December, 1861, the defendant was . the owner of a farm of land situated in the town of Solon in the county of Cortland; and on that day leased the same to the plaintiff, for the term of five years commencing on the first of March, 1862; at which time plaintiff took possession of the farm under the lease, and continued in the possession of the whole premises until the 26th of January, 1864, when some difficulty arose between the parties in relation thereto, and they entered into an agreement by which the said lease was surrendered, and the defendant re-took the possession of…
1Opinion of the Court
By the court, Murray J.
The disputed question as to the agreement by the defendant to allow plaintiff to saw a certain quantity of wood on the premises of defendant, after the lease was surrendered, having been fairly submitted to the jury, and they having found in favor of the plaintiff, their finding is conclusive.
The agreement by which the plaintiff reserved the right to saw wood on the defendant’s farm for a term less than two months being based upon a good consideration, was valid by parol. But by several exceptions, taken upon the trial to the reception of evidence, and by the tvs o…
2Cases cited3 opinions
- Whitcomb v. GreenNew York Supreme Court · 1846
- Gage v. HillNew York Supreme Court · 1864
- Nichols v. BainNew York Supreme Court · 1864