[Download] "Remmel Battagler v. K. Dickson" by Supreme Court of North Dakota ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Remmel Battagler v. K. Dickson
• Author : Supreme Court of North Dakota
• Release Date : January 04, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

In this action plaintiff sought to recover from the defendant the reasonable value of plowing four hundred acres of farm land. In his answer defendant alleged that plaintiff was obligated to plow the land without charge under the conditions of a farm lease between the plaintiff and the defendant. The action was brought on for trial before a jury in Cass County District Court. At the close of plaintiff's case, the trial court, upon defendant's motion ordered the action dismissed and judgment of dismissal was thereafter entered. Plaintiff has appealed from the judgment. There are six specifications of error, all of which are predicated upon the trial court's construction of the farm lease between the plaintiff and the defendant, and upon his rejection of parol evidence offered by the plaintiff to aid a construction of the lease. Plaintiff's theory was that the lease was ambiguous, that the lease itself afforded no means of resolving the ambiguity and that therefore his offer of proof was admissible in evidence. The trial court rejected the offer upon the ground that the proposed testimony tended to vary the terms of the written lease. Plaintiff and the defendant first met in the fall of 1945 a few days before the lease in question was signed. At that time plaintiff was looking for a farm to lease and defendant was looking for a tenant. Together they viewed defendant's farm. It consisted of 450 acres of tillable land of which 400 acres had been summer-fallowed during the 1945 season and 50 acres which had been fall plowed. Plaintiff was told by the defendant that if he leased the land he would be required to pay $4.00 per acre or $1600.00 for the summer fallowing at the time he took possession. Other matters including the amount and kind of crops to be raised and the length of the term of the lease were discussed. Plaintiff wanted a lease for a three year period. This, the defendant refused to give because he ""didn't know plaintiff well enough,"" but he told plaintiff the lease would be renewed from year to year if plaintiff performed satisfactorily.

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