This section is from the book "Business Law - Case Method", by William Kixmiller, William H. Spencer. See also: Business Law: Text and Cases.
THIS AGREEMENT, Made this 1st day of March, A. D. 1912, by and between Henry Root, hereafter known as Root, and John Sawyer, owner of the real estate hereinafter described, as Sawyer.
WITNESSETH, That Root hereby covenants and agrees to and with Sawyer for the consideration hereinafter named, to well and faithfully till and farm, during the term of this contract, being from April 1st, 1915, to March 31st, 1916, in a good husbandman-like manner, and, according to the course of husbandry, the following described premises and real estate, situate in Ottawa County and State of Michigan, viz:
All that tract of land comprising the northeast quarter of Sec. 48, Township 41 North, Range 26, East of the Third Principal Meridian.
AND said Root further covenants and agrees to sow and plant the said land in such crops consistent with good husbandry, as said Sawyer shall direct.
AND said Root also agrees to furnish at his own cost and expense, all power and convenient tools, teams, utensils, farm implements and machinery (except as hereinafter otherwise provided) to carry on and cultivate said farm during said term, and to furnish and provide all proper assistance and hire help in and about the cultivation and management of said farm, and to farm and cultivate the said lands in the best manner, and maintain and keep up the fences so as to protect said farm from injury and waste, and to watch, care for, and protect the fruit and shade trees thereon, and to cut no trees, and to commit no waste or damage on said real estate, and to suffer none to be done, and to crop and cultivate said lands and harvest, thresh and secure the crop grown thereon in farmerlike style and in the best possible manner during said term; and after the crop is off, to plow immediately, in a good and proper manner, so much and such parts of the said farm suitable for a succeeding crop as shall be plowed at the time said party of the first part takes possession thereof; and to keep up and maintain in good repair all structures, stables, cribs, fences, and improvements on said farm, and generally do and perform all proper and ordinary work, labor, care, and skill requisite, usual or necessary, to work and crop said premises in a manner and style, and to the best interests of the party of the second part; and further agrees not to remove any straw or manure from said farm, and not to sell or remove, or suffer to be sold or removed, any of the produce of said farm or premises, of any kind, character or description, until the division thereof, without the written consent of the party of the second part; and until such division, the title of all hay, grain, crops, and produce, raised, grown or produced on said premises, shall be and remain in said second party of the second part. Upon the termination of this contract, in any way, said Root will yield up said premises to the said Sawyer, or his order, in good condition and repair.
AND said Root hereby agrees to pay and deliver to said Sawyer on the 1st day of October, 1915, the one-fourth part of the crops so raised on said lands, or Eight Hundred dollars for the use of the above described land for the above named term.
IN CONSIDERATION OF the faithful and diligent performance of the foregoing stipulations by said Root said Sawyer agrees, upon reasonable request thereafter made, to give and deliver on said farm, the three-fourths part of all grains, vegetables and other crops so raised and secured upon said farm during said term, for the sole use and benefit of Root; and said Root agrees, free of all expense to said Sawyer, to cut and harvest all hay during said term and store one-half of said hay crop in the barn on said tract for the sole use and benefit of Sawyer.
THIS CONTRACT is made with the understanding that said premises are at all times subject to sale, and in case of sale, said Root shall re-deliver possession of the same on thirty days' notice, provided he shall be paid ten dollars per acre for plowing he may have done on said land for the crop of season of 1915 and not seeded at time of sale, and be allowed to properly cultivate, harvest, and remove any crops that may have been seeded before the time of sale, provided the same are removed prior to September 15,1916.
IN WITNESS WHEREOF, Said parties have hereunto set their hands and seals the day and year first above written.
Witnesses:
JAMES DAVIS
JOSEPH LUND
HENRY ROOT (Seal) JOHN SAWYER (Seal)
 
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