Foss v. Doty

PLUMMER, J.

The plaintiff had judgment terminating a certain lease entered into between the plaintiff and defendant on the eighth day of November, 1926, and also recovered judgment for damages on account of alleged failure of the defendant to keep and perform the covenants contained in said lease. From this judgment the defendant appeals.

[512]

The record shows that on the date above mentioned the plaintiff and the defendant entered into an agreement of lease, whereby the plaintiff leased to the defendant the tract of land described in said lease, for the purposes of rice culture, and the defendant covenanted and agreed that he would, at his own cost and expense, cultivate and farm the demised premises in a farmer-like manner; would properly, reasonably and adequately, as soon as weather conditions permitted, and as the soil of the premises would permit, prepare the same, or so much of the premises as were adaptable for rice culture, for planting and seeding, and would, in due and proper time, plant all of the premises adapted to rice culture, in rice, using good, clean and well-matured seed for such purposes.

The instrument of lease contained further covenants and agreements to be kept and performed by the lessee, and also provided that the lessor should sink a sufficient number of wells, equip the same with pipes, pumps, motors, etc., with which to irrigate the premises, having a capacity sufficient to furnish water for irrigating the leased premises, devoted to rice culture.

The lease further provided that if the lessee should fail to keep and perform all of the covenants and agreements on his part to be performed, the lease should become void if the lessee fail to comply with such provisions, after notice in writing given by the lessor, and in the event of a failura to comply, it should be lawful for the lessor to re-enter said premises and take possession thereof.

No point is made upon this appeal that the findings of the court are not supported by the testimony. A cursory review of the testimony shows, however, that the findings of failure on the part of the defendant to keep and observe the covenants of the lease, as to caring for the premises, farming the same in a farmer-like manner, seeding the same to rice in the proper season, properly preparing the ground for the seeding of rice, properly irrigating the same, or harvesting the same, are amply supported.