Peck
Peck v. Simon Newman Co.
Opinion
Lead Opinion
Finch, J.
Plaintiff appeals from a judgment in favor of defendants.
Plaintiff leased certain lands belonging to him to E. T. Wiggins, together with personal property thereon, including cows, bulls, heifers, calves, and hogs, for a term of seven years from January 1, 1916, the lessee to furnish the necessary labor in the operation and management of the property and the net proceeds to be divided equally between the parties. The lease provided: “The lessee shall return to the lessor, at the end of the termination of the term, the same number of cows of the same ages of those leased, and at all times the cows upon the land which are purchased from the proceeds of the sales of the cows leased or acquired by exchange of said cows shall belong to the lessor and be a part of the property leased herewith and be held under the same terms as though the original cow had continued upon the place.” Like provisions were made as to the heifers, bulls and hogs. It was further “agreed that, at all times, hogs, horses, mules and cattle, however acquired from funds derived, directly or indirectly, from said leased land or the produce thereof to 'the number of those leased shall belong to the lessor with the…