Hubble v. Cole
Hubble v. Cole
Opinion of the Court
delivered the opinion of the court.
On the 28th day of November, 1883, the appellee, Martha A. E. Cole, filed her hill against the appellant, Greorge W. Hubble, who was her tenant, to restrain him in the commission of waste, in erecting a stable on the land, and in plowing up eighty or ninety acres of river bottom of the very best quality, and which is claimed to be finely set in blue-grass, which she alleged was a fine sod, equal perhaps to any in southwest Virginia ; that it had reached that standard, and is in that condition, that approved farming, or a proper care of and the preservation of lands from injury, would require the same to be mowed or grazed, and not cultivated for grain crops; that the said Greorge W. Hubble, not regarding his covenant with her, had rented this eighty or ninety acres to a sub-tenant, to cultivate in corn two years, and the third year in wheat, which, if carried out, would irreparably injure, not only said lands, but the farm as a whole; that this land lies immediately on the middle fork of Holston river, and, in times of high water, is subject to overflow, and, if plowed three years in succession, in all probability would be injured by floods and water beyond estimate and beyond reparation. The defendant, Hubble, demurred, and answered that he had the right, under his lease, to do all that he had undertaken to do. As to the stable, it was necessary in order to enjoy the advantages of his lease ; one of the stables being unsafe, and falling in ruins, while the other was so situated as not to be useful and sufficient. That, as to the land, five sixths of it was cleared, but much of it was hilly and liable
The contract between the parties is filed in the cause, and from that it appears that the plaintiff, Cole, had rented to the defendant, Hubble, all the real estate of which D. J. Cole died seized, for the term of five years, with the exception of two rooms reserved in the mansion-house, and the said Hubble was to pay her an agreed price, and provide her with a horse for her own use when desired ; to furnish her and her friends board at an agreed price, she to invite and entertain as though the place was not rented out. Hubble agreed “ that the land rented
The question to be decided between the lessor and the lessee in this case is as to the true interpretation of the limitation agreed on between them, and expressed in their written agreement, “ the lands hereby rented shall be farmed in a way to prevent injury to the same, in so far as injury can reasonably be prevented.” For this interpretation we must look first to the terms used, and, if these be unambiguous, the language of the instrument will be followed; for when parties have deliberately put their engagements into writing, in such terms as impart a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing; and all oral testimony of previous conversations, or declarations at the time when it was completed, or afterwards, as it would tend, in many instances, to substitute a new and different contract for the one which was really agreed upon, to the prejudice possibly of one of the parties, is rejected; that is, parol contemporaneous evidence is inadmissible to contradict or
That the words we have recited in the lease in question have
When the plaintiff was about to rent her farm out to be farmed, if she wished to exempt or reserve any, or specially stipulate any thing concerning this or any other field, it would have been an act of simple justice to her lessee to have given notice of this intention, by inserting the same in the lease; but instead of that, when she was stipulating for the price to be paid, she declared that she was renting all the real estate to be farmed. Her lessee was her nephew, and knew that there was no ancient meadow on this farm which had never been plowed, and, on the contrary, knew that all the fields had been plowed in rotation, according to circumstances and the .judgment of the farmer. It is, therefore, more fanciful than just to say that although the farm was rented without restriction upon one field more than another, that nevertheless this field is too good to be plowed up—too good in the estimation of witnesses. But to whose judgment was this question alone referable under an um’estricted lease ? To that of the lessee. It is unreasonable to rent him the property for a valuable consideration, and yet subject him to pupilage as to what fields he should plow and what he should sow. There was a time when all this might have been done if he so agreed, and that was when .the contract was entered into, and before any rights had been acquired under it. We think the circuit court erred in perpetuating the injunction as to this land, and' for that cause the same will be reversed.
The order dissolving the injunction as to the erection of the stable is not erroneous; the said order having provided that the stable erected by the tenant should be removed by him at the •expiration of his lease, the plaintiff so insisting, and it having been erected without her consent. There is no waste committed if the same is removed at the expiration of the lease.
We are of opinion to reverse the circuit court of Smythe county, and dissolve the injunction, and dismiss the bill of the plaintiff, with costs, to which end a decree will be rendered here.
Hinton, J., dissented.
Decree reversed in part and aeeirmed in part.
Reference
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- 1. Contracts&emdash; Interpretation&emdash;Parol evidence.&emdash;Only in cases of latent ambiguity will parol evidence be resorted to in aid of the interpretation of contracts, and then not to add to or diminish what is written, but to explain the subject of the instrument. 2. Idem&emdash;Custom and usage.&emdash;Parol evidence of custom and usage is always admissible to discover the real meaning of the parties, but not to contradict or vary express stipulations. 3. Landlord and Tenant&emdash;Waste&emdash;Injunction&emdash;Case at bar.&emdash;Where it appears by the terms of a lease that all of the land was rented without restrictions as to its cultivation, except that the land should be farmed in a way to prevent injury in so far as injury could reasonably be prevented ; that a certain bottom set in blue grass had been in corn twelve or fifteen times in the past thirty years ; that it was the best husbandry to plow this, as it never washed, as did other portions of the farm, but was the best for corn, and the most easily reset in grass: Held That an injunction restraining lessee from cultivating it in corn should be dissolved. 4. Idem&emdash;Stables.&emdash;Injunction restraining lessee from erecting stable without the lessor’s consent: Held, To have been properly dissolved, it being provided that stable be removed at end of lease should lessor so insist.