Castro v. Gaffey

Sharpstein, J. —Appeal by plaintiffs from a judgment of nonsuit,

The plaintiffs in their complaint allege that on the fourteenth day of January, 1890, the defendant “entered into an agreement under his hand and seal whereby he hired and the plaintiffs leased for the term of two years ” the premises in said complaint described; that defendant in said instrument in writing covenanted with the-plaintiffs that they should peaceably and quietly occupy and enjoy the premises and privileges therein set forth and described for the said term of two years. Plaintiffs then allege that they “ have not been permitted peaceably or at all to occupy and enjoy the possession of said premises; but, on the contrary, after the beginning of the term on the 15th of January, 1890, the defendant, W. V. Gaffey, who was, at the time of making said lease and entering into said covenant, thereafter the lawful owner of said premises, evicted the plaintiffs from said [423]premises and has ever since kept them out of the possession of the same, to their damage in the sum of five thousand dollars.”

Defendant, in his answer, specifically denied all the material allegations of the complaint, including the allegation that plaintiffs had not been permitted peaceably to occupy and enjoy possession of said premises.

The issues in said action came on for trial, and the plaintiffs, to maintain the issues on their part, offered in evidence an instrument in writing signed by the defendant and one of the plaintiffs, which was in form a lease by defendant to plaintiffs of the premises described in the complaint. Defendant objected to its introduction, on the ground that it was not signed by both of the parties named as lessees in it. The objection was overruled.

A. C. Castro, one of the plaintiffs, testified “ that he and his brother, E. Castro, are the plaintiffs in this action; that about the first day of January, 1890, he and his brother, E. Castro, rented a tract of land from the defendant, it being the same land described in the complaint; we rented the land for two years and went out there with Gaffey, and left a sledge-hammer there and fixed some harrow teeth; the lease was to run during the years 1890 and 1891; the proposed lease was reduced to writing while we were in possession and signed by defendant and myself and delivered to me in presence of Ed. White as a witness, after which, at the request of the defendant, I left it with him, to be signed by my brother the following day. The defendant, Gaffey, refused to permit us to continue in possession of said premises, and ordered us to leave the premises, as he would have nothing more to do with us. I did fifty dollars’ worth of work on the premises while in occupation, and expended one hundred dollars in money and time in preparing to cultivate said rented premises, and that none of said money or damages have been paid by defendant to plaintiffs.”