Andis v. Personett
Decision Date | 16 November 1886 |
Parties | Andis v. Personett. |
Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Hancock circuit court.
Action upon written lease.
J. L. Mason, J. H. Mason, and R. Williamson, for appellant. New & Jones, for appellee.
On the eighteenth day of August, 1884, Morgan Andis and Amos M. Personett entered into the following agreement in writing:
On the first day of October, 1884, Personett filed his complaint in the court below, founded upon the foregoing lease, in which he averred that he had executed a note to Andis for the sum of $500, with interest at the rate of 8 per cent., conformably in all respects to his agreement to execute a note in that sum, bearing date the sixth day of September, 1884, and procured one Daniel Snider to sign the same as surety thereon; that said Snider was at that time, and has since continued to be, the owner of real estate, in Hancock and Madison counties, in this state, of the value of $20,000, and free from every incumbrance whatever; that the said Snider was worth, over and above all his indebtedness, the sum of $20,000; that after said note was so executed he (Personett) tendered the same to Andis, who refused to either receive or accept such note, “without cause;” that he, the said Personett, at the time of tendering said note, and at divers times thereafter, demanded from the said Andis possession of so much of the farm as was necessary to enable him to sow wheat, as was provided by the lease he might do, in the autumn of 1884, but that the said Andis had refused at all times to permit him, the said Personett, to take possession of, or to have access to, any part of the farm, and had absolutely refused to allow him to sow wheat thereon. Upon these and other facts charged, both general and special damages were...
To continue reading
Request your trial-
Sweeney v. Vaughan
... ... Hodgson v. Davies, 2 Camp. 530; Andis v. Personett (Ind. Sup.) 9 N. E. 101; Guier v. Page, 4 Serg. & R. 1 ... In a controversy arising under such a contract, the onus is ... ...