145 P. 756 | Wyo. | 1915
In this case Olson, who was plaintiff below, recovered judgment against Engen in the District Court for rent claimed to be due for certain real estate. The trial was to the court without a jury. Engen assigns error.
The action was based upon the following written agreement :
“Centennial, Wyo., May 8, 1911.
“This is a Egrement betwen Charles Olson, the first party, and Nils Engen, the second party, that Nils Engen rents*526 my piase, S. W. Sec. n, know is the Stinhoff piase on same grown is in preveas contract and the same concideration two Hundred a year.”
“Ci-iarlRs Olson."
"Nsls J. Engun.”
The contract, or lease, which the plaintiff claims was referred to in the writing and which he claims, with said writing, constituted the lease, and which was made part of his petition, is a formal lease from one Richardson to En-gen for said premises for a term commencing April 12, 1910, and ending April 12, 1911, at the rental of $200, payable on or before the expiration of the term. The petition was demurred to on the grounds that it did not state facts sufficient to constitute a cause of action, and that the writing was void for uncertainty. The demurrer was overruled, and defendant answered, admitting the execution of the writing and denying the other allegations of the petition. For other answer he alleged that he had leased the premises from Richardson for the previous year by the lease attached to the petition and that certain water rights were appurtenant thereto which he had used during the term of said lease; that he was deprived of the use of said water and was kept out of possession of said premises during the time in controversy, and for which deprivations he claimed damages. Alleged that the writing of May 8, I9ii,.is so vague, indefinite and uncertain as to be wholly void. Many other matters were alleged at great length, but the foregoing is sufficient to present the questions discussed in this court. The court found that defendant entered into a written lease with the plaintiff for the property described in the petition, said lease to commence May 8, 1911, and terminate May 8, 1912; that under said lease defendant agreed to pay plaintiff $200.00, and that no part of the same had been paid, and gave judgment accordingly.
Whether the writing of May 8, on its face sufficiently identified the Richardson lease as the contract referred to, we need not determine, for the defendant, by his answer, pleaded that lease and alleged that he had sustained dam
It is further contended that there is a variance between the findings of the court and the pleadings, in that the allegation of the petition is that the term of the lease com
Numerous other alleged errors are assigned, but a careful examination of the entire record convinces us that the case was fairly tried and a correct conclusion reached by the District Court. Such being the case, the judgment should be affirmed,’ and it is so ordered.
Affirmed.