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Property Keyed to Merrill
Sutton v. Temple
Facts
Thomas Temple (“Defendant”) contracted with Anne Sutton (“Plaintiff”) to lease Plaintiff’s field of edible grass for £40. Defendant wanted to lease the field to feed his cattle, but Defendant did not specify his intentions in the lease agreement. Further, Defendant did not know Plaintiff’s field’s grass was covered with manure that contained particles of paint. As a result of the lack of knowledge, many of Defendant’s cattle died after eating the grass. Subsequently, Defendant evacuated the land before to the lease’s termination date and refused to pay the £40, alleging the land was unsuitable for Defendant’s purpose. Plaintiff brought suit against Defendant to recover the £40. The jury determined that the cattle was poisoned by the paint, thus Defendant was only required to pay £12 for the time on the land. Defendant motioned, requesting the court to enter a verdict on his behalf. Plaintiff motioned to increase the damages to £26.
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