Administrator of Cilley's Estate v. Tenny
Supreme Court of Vermont
Account. The audit.ors reported that in January, 1852, the plaintiff’s intestate and the defendant made a written contract by which it was agreed that the former should carry on a farm belonging to the latter, for one year from the 1st of April, following ; that by the terms of this contract, the plaintiff’s intestate was to carry on the farm and keep the stock, which the defendant should put thereon, in a good husbandlike manner, pay the taxes for the year on the farm and…
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Account. The audit.ors reported that in January, 1852, the plaintiff’s intestate and the defendant made a written contract by which it was agreed that the former should carry on a farm belonging to the latter, for one year from the 1st of April, following ; that by the terms of this contract, the plaintiff’s intestate was to carry on the farm and keep the stock, which the defendant should put thereon, in a good husbandlike manner, pay the taxes for the year on the farm and stock, and give the defendant one-half of the crops raised on the farm, and one-half of the butter and cheese made from…
1Opinion of the Court
Aldis, J,
This is an action of account. It is brought by the administrator of the intestate to recover of the defendant for what he has received more than his just share of the profits of a farm let by the defendant to the intestate upon shares. The questions in issue all arise upon items in the defendant’s account presented in offset.
I. The court below allowed items to the amount of nine dollars *404and fifty cents, growing out of a verbal contract between the parties. The plaintiff objects that the lease was in writing, and that this alleged verbal contract was an agreement contemporaneous with,…
2Cases cited2 opinions
- Aiken v. SmithSupreme Court of Vermont · 1849
- Ganaway v. MillerSupreme Court of Vermont · 1843
3Cited by3 opinions
- Mott v. BourgeoisSupreme Court of Vermont · 1938
- La Point v. ScottSupreme Court of Vermont · 1864
- Lamoille Valley Railroad v. MarshSupreme Court of Vermont · 1876