Depew v. Ketchum
New York Supreme Court
Appeal by defendant from a judgment entered on a verdict. Romane Depew sued Celina B., Anna M., and Caroline E. Ketchum, alleging that in January, 1891, the defendants leased the plaintiffs their “home farm,” consisting of about 234 acres of land, for a term of five years from April 1st., to be occupied by plaintiff and worked by him upon shares.
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Appeal by defendant from a judgment entered on a verdict. Romane Depew sued Celina B., Anna M., and Caroline E. Ketchum, alleging that in January, 1891, the defendants leased the plaintiffs their “home farm,” consisting of about 234 acres of land, for a term of five years from April 1st., to be occupied by plaintiff and worked by him upon shares. The lease contained provisions on the usual subjects of the expense of furnishing seeds, division of produce, payment of taxes, the furnishing of stock and the number of animals to be kept, mending the fences, and the like ; and it further contained…
1Opinion of the CourtDwight, P. J.
The plaintiff took the farm of the defendants to work on shares for a term of five years from April 1, 1891. The contract was in writing and contained the following provision: “ The parties of the first part reserve the right to sell this farm at any time during said term, and the party of the second part agrees to surrender possession of the same on April 1st, in any year of said term, in case said sale is made, and the parties of the first -part hereby agree to pay any damages that the party of the second part may sustain by reason of a sale, said damage to be determined, if the parties…
2Cases cited86 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Coe v. . HobbyNew York Court of Appeals · 1878
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
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