Legal Opinion

Depew v. Ketchum

New York Supreme Court

Decided January 18, 1894PublishedCited by 3 opinions

Appeal from circuit court, Yates county. Action by Romane Depew against Edina Ketchum and others. From a judgment entered in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes of the court, defendants appeal. Affirmed.

1Opinion of the CourtDwight, P. J.

The plaintiff took the farm of the defendants to work on shares for a term of five years from the 1st day of April, 3891. The contract was in writing, and contained the following provision:

“The parties of the first part reserve the right to sell this farm at any time during said term, and the party of the second part agrees to surrender ¡possession of the same on the first day of April in any year of said term, "in case said sale is made; and the parties of the first part agree to pay any damages that the party of the second part may sustain by reason of a sale, «aid’ damáge to be determined,…

2Cases cited4 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. Taylor v. . BradleyNew York Court of Appeals · 1868
  3. Dart v. LaimbeerNew York Court of Appeals · 1887
  4. Dart v. . LaimbeerNew York Court of Appeals · 1887

3Cited by3 opinions

  1. Twyman v. RoellSupreme Court of Florida · 1936
  2. Crews v. CortezTexas Supreme Court · 1908
  3. Kjelsberg v. ChilbergCourt of Appeals for the Ninth Circuit · 1910

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