Hutchins v. Hodges

• Citation: 4 S.E. 46,98 N.C. 404
• Parties: HuTCHiNs v. Hodges.
• Decision Date: 05 December 1887
• Court: North Carolina Supreme Court

4 S.E. 46

98 N.C. 404

HuTCHiNs

v.Hodges.

Supreme Court of North Carolina.

December 5, 1887.

Landlord AND Tenant—Aotion for Rent—Breach of Lease.

In an action for rent, the defendant's testimony showed that he agreed to pay, as rent, one-fourth the tobacco crop, which, by his own admission, came to $45. He claimed that he leased the land for two years, and that plaintiff refused to let him have the land the second year, but he failed to show that by the refusal he suffered any damages. Held, that plaintiff was entitled to recover $45.

Appeal from superior court, Stokes county; Gilmer, Judge.

Action for rent by plaintiff Hutchins against defendant Hodges. Judgment for plaintiff, and defendant appealed.

W. B. Glenn, for plaintifE. Watson & Buxton, for appellant.

Davis, J. Civil action commenced before a justice of the peace, and carried by appeal to the superior court of Stokes county, and tried before Gilmer, J., at September term, 1887, of said court. The plaintiff complained that the defendant was due him the fourth rent of the tobacco raised on his land in the year 1884, the value of which was admitted on the trial to be $45. The defendant denied plaintiff's right to recover that amount for the reason that he was to have the land two years. On the trial the defendant testified that he rented the land from the plaintiff for two years, agreeing to pay him one-fourth of the tobacco for each year, the plaintiff to furnish one-fourth of the guano, and that he refused to take and clear the land unless he got it two years; that he proceeded to clear the land, which was timbered like the ordinary woodland in that section, and made tobacco on it in 1884, that brought $180; that in the fall plaintiff entered on said land and sowed it in grain; that he carried the tobacco to market, but never paid the plaintiff any rent; that the land was much more valuable for tobacco the second year than the first; that, after he failed to get the land for the second year, he rented from one James Shelton, who lived in the neighborhood. On cross-examination, defendant testified that the plaintiff did furnish the one-fourth of the guano, and that on one occasion he offered plaintiff the one-sixth part as the rent of the land, which plaintiff refused to take except as a credit on the one-fourth rent; that while he only got tobacco land from plaintiff, and had to get land for his grain crops from other-persons, that when he went to Shelton's he got land for all his purposes. The defendant introduced other witnesses tending to corroborate him, but showed by no witness that he was damaged, or how he was damaged, by his failure to get the described lands. The plaintiff denied that he rented the land to the defendant for more than one year; that the defendant left a great deal of timber on the land, and had refused to pay him the one-fourth rent. The plaintiff introduced other testimony tending to corroborate him. The defendant contended, before the court, that if his evidence was to be believed, plaintiff had made a special contract, and could not recover for anything in the action because of his failure and...