Timmons v. McKinzie
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. P. H. Lyman, Judge. STATEMENT OE EACTS. The appellant, as plaintiff, commenced this action to recover on a promissory note for $600. The defendant admitted the execution and delivery of the note; set forth the facts that the note, together with $400, was paid to the plaintiff as rent for a term of lease of a forty-acre tract of land in said Maricopa county, the term beginning February 5, 1918, and ending…
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APPEAL from a judgment of the Superior Court of the County of Maricopa. P. H. Lyman, Judge. STATEMENT OE EACTS. The appellant, as plaintiff, commenced this action to recover on a promissory note for $600. The defendant admitted the execution and delivery of the note; set forth the facts that the note, together with $400, was paid to the plaintiff as rent for a term of lease of a forty-acre tract of land in said Maricopa county, the term beginning February 5, 1918, and ending February 5, 1919; that the lease is in writing; that the plaintiff lessor covenanted, promised and agreed in said lease…
1Opinion of the CourtCunningham, C. J.
(After Stating the Facts as Above.) — The issues are reduced by the pleadings to the inquiry whether the plaintiff lessor violated his promises contained in the lease, whereby he agreed to pay all the water charges to be assessed “on said premises during said term” of lease; and the further promise that lessor “agrees to put all ditches and laterals and fences in good condition, ...” and, if plaintiff violated either or both of said agreements of the lease, what damage, if any, resulted to the defendant?
At the beginning of the consideration of this record and the questions raised, it will…
2Cases cited1 opinion
- Miami Copper Co. v. StrohlArizona Supreme Court · 1913
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