Silva
Silva v. Angelo
Opinion
Lead Opinion
Hart, J.
The object of this action is: 1. To reform a certain lease, whereby the plaintiff demised certain real property to the defendant for the term of three years, commencing on the first day of November, 1916, and ending on the thirty-first day of October, 1919; 2. To recover judgment against the defendant for the sum of $983.80, alleged to be for moneys received by the defendant for plaintiff for the sale of hay and potatoes; 3. For an accounting by de fendant “for the balance of the crops and proceeds of said leased premises.”
The lease concerning which the controversy involved herein arose, as it was executed by the parties hereto, is set out in full in the complaint.
Among other covenants and conditions of the said lease, which appears in the complaint as paragraph 2 of the first cause of action thereof, is the following: “The lessee further agrees that he will deliver and pay over to the said lessor, his executors, administrators or assigns, or to his or their order, annually, one-half (%) of all proceeds and crops produced on the said farm and premises aforesaid, of every nature, kind and description, in stack and sack, according to the usual course and custom of making such…