Gularte v. Martins

WARD, J.

In contemplation of a trip to the Azores, plaintiff and his wife, the owners of 110 acres of farm land which was under lease to one Quong Chong, gave to T. I. Martins a power of attorney to collect rentals of $3,300 a year as they became due under the lease and take care of the property. Shortly after plaintiff’s departure the lessee forfeited his lease and T. I. Martins thereupon, in March of 1938, leased the land to his brothers, defendants herein, for a period of five years. The lease provided among other things that in case the “crop or crops planted on the leased premises are deficient and the returns not sufficient to cover all the expenses, the parties of the second part are

intituled

to get the wages at the reasonable rate for each and every hour spented on cultivation of the crops on the said premises and the use or depreciation of the farm equipment and the balance of net /rofit, must be delivered to the party of the first part. On such ease, the parties of the second part must produce the

autentio

records of the expenses for the calendar year and the returns.” The lease to Quong Chong did not contain such a provision. Plaintiff returned from his trip the latter part of 1938 and found defendants in possession and farming the lands. He testified at the trial that he could neither read nor write English; that he never received a copy of the lease; that he was informed by defendants’ brother that it had been turned over to defendants, but was upon the same terms as

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provided in the lease to Quong Chong. T. I. Martins testified that he either mailed plaintiff a copy of the lease or handed it to him personally.

The defendants farmed the lands in 1938, 1939, 1940 and 1941 and each year made a profit and each year paid the rental provided—$30 an acre. They claimed a loss for the year 1942, and invoke the above quoted provision of their lease to avoid payment for that year. Plaintiff brought action to collect the amount of $2,300 balance due on account of rental for the year 1942, defendants having paid $1,000 on account thereof. Following the trial of the case it was stipulated that the court might “go out and look at the place.” Thereafter the court found that the premises described were not worth the sum of $30 an acre each year and decreed that plaintiff take nothing by his cause of action and that defendants be awarded their costs in the sum of $11.95.