Preston v. Smallwood
New York Supreme Court
Appeal from Chatauqua county court. Action by John Preston against Henry Smallwood. From a judgment of nonsuit, plaintiff appeals. Affirmed.
1Opinion of the CourtLewis, J.
This action was brought to recover damages for breach of contract. The parties entered intoan oral agreement in the month of February, 1891, for the leasing of the defendant’s farm to the plaintiff for the term of five years, to be worked upon shares, each party to have one half of the proceeds of the land and stock on the farm. It was understood that the agreement was to be put in writing, but that was never done, The plaintiff took possession of the farm in-March, 1891, the defendant reserving the right to occupy two rooms in the farmhouse. The plaintiff heard rumors .that the defendant was…
2Cases cited4 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Graves v. . WhiteNew York Court of Appeals · 1882
- Kiplinger v. GreenMichigan Supreme Court · 1886
- Unglish v. MarvinNew York Supreme Court · 1889
3Cited by2 opinions
- Bost v. McCreaCourt of Appeals of Texas · 1914
- Rains v. SchermerhornSupreme Court of Kansas · 1912