Superior Court of New Hampshire, 1837

Davis v. Brocklebank

Davis v. Brocklebank
Superior Court of New Hampshire · Decided December 15, 1837 · Richardson
9 N.H. 73

Counsel

>S. Butterfield, for the plaintiff., H. B. Chase, for the defendant.

Davis v. Brocklebank

Opinion of the Court

Richardson, C. J.

Leases by parol, and not in writing, are to have the force and effect of leases at will. 1 N. H. Laws, 535.

A lease at will is a lease at the will of both parties, and is to have a reasonable termination. And the rule is, when a tenant holding for an uncertain time, sows the land, he is entitled to the crop as emblements. 5 Barn. & Adol. 105, Graves vs. Weld ; Littleton, cap. 8, sec. 68 ; Co. Littleton 55, a & b; Woodfall L. & T. 237 ; 2 Pick. 7, Ellis vs. Paige.

As the plaintiff had notice, he is bound by the parol agreement. The defendant had a right to the rye, and the verdict must be set aside.

New trial granted.

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