Marshall
Marshall v. Luiz
Opinion
Lead Opinion
Britt, J.
By the terms of a written lease the plaintiffs in this action let to defendant Luiz for the term of one year, beginning September 1, 1894, a tract of farming and grazing land at the rental of two thousand eight hundred and eighty dollars, payable one-half on said September 1st, and the remainder on April 15, 1895. Among the covenants of the lease, for breach of which the lessors might re-enter, the lessee agreed that nothing should be sold from the land or removed therefrom except dairy products and calves and hogs raised on the place, “and that no hay, grain, or other product of the soil is to or shall be sold or carried off from said land while this lease remains in force”; that the lessee might keep on the premises seven horses, also certain cows of *624 the lessors, to be presently mentioned, but except these should take no livestock to feed or pasture there; and should plow about one hundred acres and no more, “being the field usually cultivated for hay, and to be used for that purpose.” It was stipulated that during the term the lessors would furnish to the lessee for the purpose of dairying on said land one hundred and sixty cows then on the same, which he agreed to…