Allen
Allen v. Lack
Opinion
Lead Opinion
Barnard, J.
This is an action to recover certain rentals claimed to be due under the provisions of a written lease. Under date of November 14, 1924, the plaintiff leased 160 acres of land to the defendant for the term beginning January 15, 1925, and ending July 15, 1928. The lease recited that the plaintiff was then planting the premises to alfalfa and barley; that he would care for and irrigate the same until a good stand was obtained; that he would replant any portion of the premises upon which a good stand was not obtained; and that all of this work should be completed by January 15, 1925. The defendant agreed to take good care of the alfalfa after January 15, 1925, and “each year to replant such portion of said premises to alfalfa upon which a good stand is not maintained and growing, and each year during the fall to disc said alfalfa and plant barley therewith, ...” The lease also contained a provision to the effect that the premises were leased only for the purpose of growing alfalfa and barley for feed, and that the lessee was not to pasture or permit any livestock upon the premises while the same were wet.