O'Brien v. Jones
Before: Niles
Synopsis
Construction on Lease.—Where J. leased of O. a tract of farming land for one year after June 14th, 1870, and 0. agreed in the lease that he would refrain from using any ground had under cultivation by J. until November 1st, 1871: &eld, that the term of the lease expired June 14th, 1871, and that if J. desired to claim anything under the agreement that O. would not use the cultivated ground until November 1st, 1871, he should have averred that the land was under cultivation at the date of the demand for the possession.
By the Court, Niles, J.: The answer contained no defense, and was properly stricken out. The lease, which is made part of the answer, shows upon its face that the defendant’s term expired on the 14th day of June, 1871. He admits that he was served with notice to quit on the 19th of July. This was exactly in accordance with the requirements of the Act of April 27th, 1863 (Stats. 1863, p. 652), under which the plaintiff proceeded. If the defendant proposed to claim anything under the plaintiff’s agreement, that he would refrain from turning any stock on, or otherwise using, any ground the defendant had under cultivation, until the 1st of Fovemher, 1871, he should have averred that the land, or some portion of it, was under cultivation at the date of the demand.
Judgment affirmed.
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