Malone v. Scott
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. J. !P. Richardson. Jesse Scott sued G. W. Malone for damages, charging-that plaintiff had leased the farm of defendant for the year 1869, Malone to furnish plows, teams, etc., plaintiff" to furnish his provisions and to cultivate the farm, and the parties to share equally the crop; that plaintiff, under the contract, planted fifty acres corn, and twenty-five in cotton, and had cultivated it well; and when the crop was nearly…
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Appeal from Travis. Tried below before the Hon. J. !P. Richardson. Jesse Scott sued G. W. Malone for damages, charging-that plaintiff had leased the farm of defendant for the year 1869, Malone to furnish plows, teams, etc., plaintiff" to furnish his provisions and to cultivate the farm, and the parties to share equally the crop; that plaintiff, under the contract, planted fifty acres corn, and twenty-five in cotton, and had cultivated it well; and when the crop was nearly ready to be laid by, defendant, with threats of violence and by force, drove plaintiff from the farm, and appropriated the…
1Opinion of the CourtOgden, P. J.
This is a contract by the appellee to rent and cultivate land from the appellant. The case was tried in the District Court and appealed to this court. There are but two assignments of error. The first is in regard to one of the charges given by the court to the jury, and which is in the following language : “If the plaintiff did not so cultivate the land, the defendant had. the right either to terminate the contract or to employ hands to cultivate, and charge the expenses to the plaintiff. If he chose the latter course, the plaintiff would be entitled'to his share of the crop, deducting the…
2Cited by7 opinions
- Gholson v. StateCourt of Appeals of Texas · 1984
- Ex parte HeathSupreme Court of Missouri · 1910
- McManus-Wyatt Produce Co. v. Texas Department of Agriculture Produce Recovery Fund Board, Texas Court of Appeals, 3rd District (Austin)2004
- Ex parte ScwartzCourt of Appeals of Texas · 1877
- Gholson v. StateCourt of Appeals of Texas · 1984
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