Vedder v. Davis
New York Supreme Court
Appeal from Herkimer county court. Action by John J. Vedder against John P. Davis and Robert L. Davis to recover a surplus of hay left on premises of defendant at the close of his occupancy thereof. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtHardin, P. J.
Defendants were the owners of a farm in the town of Manheim, which carried a dairy of about 30 cows, and they let the plaintiff have the same on the conditions named in an instrument signed by the parties. The instrument is not a lease, but it is an agreement for the occupation upon certain terms specified therein. The agreement is quite similar to the one which fell under construction in Wilber v. Sisson, 53 Barb. 258, affirmed, 54 N. Y. 121. The following language relates to the question made in the court below, viz.: “It is also understood that, when second party comes into possession,…
2Cases cited2 opinions
- Wilber v. SissonNew York Supreme Court · 1868
- Wilber v. . SissonNew York Court of Appeals · 1873
3Cited by1 opinion
- Vedder v. DavisNew York Supreme Court · 1891