77 Neb. 536 | Neb. | 1906
This was an action in forcible entry and detainer originally instituted in the county court of Custer county, Nebraska and taken by appeal to the district court for that county, where a jury was waived and the cause submitted to the court on the following agreed statement of facts: “It is stipulated between the parties that the defendants entered into a written lease with the plaintiff on or about the 1st day of March, 1901, whereby the plaintiff leased to the defendants for the term of one year from March 1, 1904, the land described in the lease; that for the pasture they were to pay him cash $125 and for the land planted to small grain and corn they were to pay one-third; that sometime in December, 1904, the parties got together and it was orally agreed that the defendant, C. H. Doxsee, would not want the land for the year beginning March 1, 1905, but that the other defendant, C. W. Doxsee, would want it for the period of one year from the 1st of March, 1905, and it was orally agreed between the plaintiff and the defendant, Charles W. Doxsee, that he might remain on the place for the period of another* year from
It seems to us that the only legitimate conclusion to be drawn from this stipulation is that there was a written contract between plaintiff and the two defendants for the leasing of the premises from March 1, 1904, to March 1, 1905, on the terms stated in the stipulation; that during the month of December preceding the expiration of the written lease there was a conversation between the three parties to the contract, in which it was understood that O. H. Doxsee did not desire to occupy the premises beyond the term of the written lease, but that defendant Charles W. Doxsee desired to lease the premises on the terms contained in the written lease for the year beginning March 1, 1905, and ending March 1, 1906; and that the plaintiff agreed that he would make such an oral lease with the defendant Charles W. Doxsee; that this verbal contract was entered into three months before the beginning of the lease; that a little while before the time of the expiration of the written lease plaintiff rescinded his oral contract for the lease of the premises to Charles W. Doxsee, and served the statutory notice to quit the
We therefore recommend that the judgment of the district court be affirmed.
By the Court: For the reasons given in the foregoing opinion, the judgment of the district court is
Affirmed.