Harrower v. Heath
New York Supreme Court
APPEAL from a judgment entered on the report of a sole referee. The action was brought upon a paroi agreement between the plaintiff and the defendants, whereby, as the first count of the complaint stated, the, plaintiff agreed to let and rent to the defendants a certain farm ■ of about one hundred acres, situated in the town of Painted Post, in the county of Steuben, for one year commencing the first day of April, 1851. The defendants were to cultivate the farm in a…
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APPEAL from a judgment entered on the report of a sole referee. The action was brought upon a paroi agreement between the plaintiff and the defendants, whereby, as the first count of the complaint stated, the, plaintiff agreed to let and rent to the defendants a certain farm ■ of about one hundred acres, situated in the town of Painted Post, in the county of Steuben, for one year commencing the first day of April, 1851. The defendants were to cultivate the farm in a farmerlike manner, to the best of their skill and ability, at their own cost and charges, and to keep the old fences in repair…
1Opinion of the Court
By the Court,
Welles, J.
The "only question of any importance in this case is, whether the defendant Cole is discharged from liability under»the agreement entered into between the plaintiff and defendants. The referee finds that after the spring c^pps were put in by the defendants, and about the last of June or first of July of the year which the farm, by the agreement, was to be worked by the defendants, the defendant Cole, and Gorton, applied to the plaintiff for his consent that Gorton should buy the interest of Cole in the crops, take the place of Cole under the lease and work the land.…
2Cases cited1 opinion
- Stewart v. DoughtyNew York Supreme Court · 1812
3Cited by11 opinions
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