20 N.Y.S. 504 | N.Y. Sup. Ct. | 1892
This action was brought to recover damages for breach of contract. The parties entered intoan oral agreement in the month of February, 1891, for the leasing of the defendant’s farm to the plaintiff for the term of five years, to be worked upon shares, each party to have one half of the proceeds of the land and stock on the farm. It was understood that the agreement was to be put in writing, but that was never done, The plaintiff took possession of the farm in-March, 1891, the defendant reserving the right to occupy two rooms in the farmhouse. The plaintiff heard rumors .that the defendant was not satisfied-,with his management of the farm, and in the month of August, 1891, he called upon the defendant and inquired of him as to the cause of his dissatisfaction. The defendant told him he could not work the farm; and what occurred between the parties which the plaintiff claims justified him in leaving the farm, and abandoning the contract, was testified to by him as follows; “I [meaning plaintiff] said, ‘If you are dissatisfied with me on this farm, what will you give me to get off from here? ’ He said, • I won’t give-you a cent.’ He said, ‘ What will you give me for damages for coming on here? ’ He said; ‘If you were worth anything, I -would sue you-, and collect damages of you.’ Then I asked him what.share of the crops he. would give me, and he said I had not got any crops there. He said, • The sooner you get off from the farm, the better it will be for you. and me
