D. M. Ferry & Co. v. Smith

This is an action in claim and delivery, brought by respondent to recover possession of about 5,045 pounds of seed beans.

The facts were stipulated in the trial court. Since prior to September 15, 1915, appellant has been the owner of the S.i/2 NE.14 of sec. 6, T. 11 S., R. 17 E., B. M., in Twin Falls county, on which date he leased in writing said premises to one R. A. Norris, for the term beginning October 1, 1915, and ending October 1, 1916. The lease provides that:

*70“ .... and the said second party (Norris), in consideration of the leasing of the above premises, hereby covenants and agrees…