(Download) "Mccarthy v. Superior Court" by First Appellate District, Division One District Court Of Appeal Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Mccarthy v. Superior Court
- Author : First Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 23, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In contemplation of a trip to the Azores, plaintiff and his wife, the owners of 110 acres of farm land which was under lease to one Quong Chong, gave to T. I. Martins a power of attorney to collect rentals of $3,300 a year as they became due under the lease and take care of the property. Shortly after plaintiffs departure the lessee forfeited his lease and T. I. Martins thereupon, in March of 1938, leased the land to his brothers, defendants herein, for a period of five years. The lease provided among other things that in case the "crop or crops planted on the leased premises are deficient and the returns not sufficient to cover all the expenses, the parties of the second part are intituled to get the wages at the reasonable rate for each and every hour spented on cultivation of the crops on the said premises and the use or depreciation of the farm equipment and the balance of net frofit, must be delivered to the party of the first part. On such case, the parties of the second part must produce the autentic records of the expenses for the calendar year and the returns." The lease to Quong Chong did not contain such a provision. Plaintiff returned from his trip the latter part of 1938 and found defendants in possession and farming the lands. He testified at the trial that he could neither read nor write English; that he never received a copy of the lease; that he was informed by defendants brother that it had been turned over to defendants, but was upon the same terms as
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