McCarger v. Rood
California Supreme Court
Appeal from the District Court, Second Judicial District, Butte County. , Rood was the owner of land, and by Wilson, his attorney-in-fact, made a parol agreement to lease the same to McCarger for two years from the first day of October, 1868. By the terms of the agreement of lease plaintiff was to enter upon, and into possession of, the land, and plow the same and sow it with grain, and pay to the defendant, as rental, the one fourth of the crop raised upon the lands the…
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Appeal from the District Court, Second Judicial District, Butte County. , Rood was the owner of land, and by Wilson, his attorney-in-fact, made a parol agreement to lease the same to McCarger for two years from the first day of October, 1868. By the terms of the agreement of lease plaintiff was to enter upon, and into possession of, the land, and plow the same and sow it with grain, and pay to the defendant, as rental, the one fourth of the crop raised upon the lands the first year, the same to be delivered at the threshing machine in the field. Of the crop of grain raised the second year,…
1Opinion of the Court
By the Court, Crockett, J.:
The action is to compel the specific performance of a parol agreement, whereby the defendant undertook, as is alleged, to execute and deliver to the plaintiff a written lease for certain lands for a term of two years. The plaintiff alleges that, relying on the promise of the defendant to execute the written lease, he entered upon and cultivated the land, and has in all things performed his share of the agreement; but that the defendant refuses to execute the written lease, and in several particulars has violated the terms of the parol agreement. The Court below…
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