Howland v. Kreter
Howland v. Kreter
Opinion of the Court
This is an action for unlawful detainer, and the facts which need be noticed are as follows: On March 23, 1893, plaintiff leased to defendant fifteen acres of land for a term commencing at the date of the lease and ending January 1, 1894. Covering about one-half of the leased land was an orchard of orange and other fruit trees. The lease contained a covenant on the part of defendant “to keep, the orchard entirely free from weeds,” and “to plant nothing in the orange orchard, and to allow nothing to grow within four feet of the other trees of the place,” and that plaintiff might re-enter for default in any of the covenants. The rent to be paid by defendant for the whole term was $350, and the last installment thereof—$50 in amount—was paid by him to plaintiff on August 30, 1893. On the next day, August 31st, plaintiff served notice on defendant that he must perform the
The appellant contends that the verdict was not justified by the evidence, and that errors in law were committed by the. court in its rulings upon the admission of evidence, and in its instructions to the jury. It would subserve no useful purpose to state the numerous points made, or to enter into any lengthy discussion of them. The questions presented are of easy solution, and, iti our opinion, it is enough to say that the evidence introduced by defendant was amply sufficient to justify the verdict; that the rulings upon the admission of the evidence objected to were proper; and that the instructions given to the jury stated the law applicable to the ease correctly. The record discloses no prejudicial error, and the judgment and order appealed from should be affirmed.
We concur: Vanelief, C.; Haynes, 0.
For the reasons given in the foregoing opinion, the judgment and order appealed from are affirmed.
Reference
- Full Case Name
- HOWLAND v. KRETER
- Status
- Published
- Syllabus
- Unlawful Detainer.—Evidence introduced by defendant held sufficient to justify verdict.