Allen v. Lack

BARNARD, P. J.

This is an action to recover certain rentals claimed to be due under the provisions of a written lease. Under date of November 14, 1924, the plaintiff leased 160 acres of land to the defendant for the term beginning January 15, 1925, and ending July 15, 1928. The lease recited that the plaintiff was then planting the premises to alfalfa and barley; that he would care for and irrigate the same until a good stand was obtained; that he would replant any portion of the premises upon which a good stand was not obtained; and that all of this work should be completed by January 15, 1925. The defendant agreed to take good care of the alfalfa after January 15, 1925, and “each year to replant such portion of said premises to alfalfa upon which a good stand is not maintained and growing, and each year during the fall to disc said alfalfa and plant barley therewith, ...” The lease also contained a provision to the effect that the premises were leased only for the purpose of growing alfalfa and barley for feed, and that the lessee was not to pasture or permit any livestock upon the premises while the same were wet.

[231]

The defendant took possession of the premises on January 15, 1925, and thereafter paid the monthly rental called for by the lease. On August 7, 1926, the parties entered into a supplemental agreement, which by its terms was to be attached to and become a part of the lease. This provided as follows:

“The party of the second part represents that the Southwest quarter of the above Tract will irrigate much better if the borders are so changed that it irrigates from South to North. Party of the first part agrees to change these borders and will put in a new head ditch with concrete gates in each land for irrigating the same, and will leave the ground ready to plant and will pay and supply to the party of the second part 700 pounds of alfalfa seed for planting the same which .party of the second part agrees to at once put in.

“It is further understood and agreed that the party of the first part does not guarantee a good stand on said land, and he is not to be asked to furnish any more seed or to do any more work on any part of the above 160 acres. The party of the second part agrees to continue paying the rent as heretofore and this agreement shall be in no way construed to cancel any of the terms of the lease now in force on the said Tract, dated November 14, 1924, ...”