Asher v. Johnson
Court of Appeals of Kentucky
Case 88 — Action by A. J. Asher against C. J. Johnson and others to Enforce a Contract. APPEAL FROM WHITLEY CIRCUIT COURT-M. L. JARVIS, CIRCUIT JUDGE.
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Case 88 — Action by A. J. Asher against C. J. Johnson and others to Enforce a Contract. APPEAL FROM WHITLEY CIRCUIT COURT-M. L. JARVIS, CIRCUIT JUDGE. Judgment for Defendants and Plaintiffs Appeal. 1. A writing by which C. agreed to allow A. to build and operate a tramway through C.’s field, not to exceed three years, at a rental of $35 per year is a lease and not a mere license. 2. The relation of landlord and tenant having been created by the writing, and the tenant having held for a period greater than ninety days on the third year, was entitled under Ky 'Statutes, sec. 2295, to hold for…
1Opinion of the Court
■Opinion of the court by
JUDGE PAYNTBR
'Reversing.
The appellant, Asher, was largely engaged in the timber and lumber business. He desired to construct a tramroad about seventeen miles long, for the purpose of hauling his lumber products to a railroad for shipment. To do so it -was necessary to secure the right to construct the tramroad ■over the lands of the appellee Carnes. Thereupon Carnes *704executed and delivered to the appellant a writing, which reads as follows: “Pineville, Bell county, Ky., May 22,. 1900. I, J. L. Carnes, this day agree with A. J. Asher and obligate myself to allow A. J.…
2Cited by7 opinions
- Mullins v. NordlowCourt of Appeals of Kentucky · 1916
- In Re Wray's EstateMontana Supreme Court · 1933
- Smith v. Royal Ins. Co.Court of Appeals for the Ninth Circuit · 1940
- Gilcrease v. McCulloughSupreme Court of Oklahoma · 1916
- Moore v. BrandenburgCourt of Appeals of Kentucky (pre-1976) · 1930
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