The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-01-22
INTERESTING CASE.

How Much Rent Does Michael Haley
Owe John Hare9-or How Much Dam
age Does John Hare Owe Michael
Haley?
Magistrate Frank E. Smith had
rather an unusual case before him last
nightfor adjudication not according
to the forms OF law as laid down in
the forms OF the digest, but according
to hisIown common sense dictates as
citizen. The parties to the case were
the heirs TO the Fleming estate, that
lies bdtween the Kennett Pike and Six
teentl street, and between Union and
Grant avenues, and Michael Haley, the
tenant on the place for the last four
years.
John Hare. as relative, represented
the heirs and Willard salisbury, Esq,
was attorney. Haley had no attorney.
| The contract between Mr., Hare and
Haley made four years ago and con-
tinnec from year to year, showed that
Haley leased the place for Sl6 per
month in advance, and 1t was further
verbally agreed that II in the mean
time the property or any part OF 1t
was sold proper consideration was
to be allowed Haley il any purchaser
wanted to build upon any lot before
the expiration Of the annual lease.
Botl Mr.. Hare and Mr.. Haley agreed
as to these stipulations. Haley failing
ITO pay his rent since the 25th of June
last and giving no satisfaction as to
when IL would be paid though he had
been spoken to repeatedly, Mr. Hare
very reluctantly had a landlords war
rant issued, and few days ago con-
stable dlstrained the property Of
Haley'$ father, who had several cattle
and remained upon the place after the
younger Haley had removed.
Haley claimed damages resulting
from the sale that Il. Frank Towsend
held upon the place on the 2ith Of May
last, ard rather than push the land
lords warrant now, and go into n
damage litigation afterwards, Mr.
salisbury, Mr.. Hare and Mr.. Haley all
agreed to leave the matter to the
Judgment of Squire Smith, and they
agreedIto abide by his decision. Mr.
salisbury did not appear last night,
but MI. Hare did, and he was given
tho first opportunity to speak. Ho
represented Mr.. Haley as being an ex-
cellent tenant and prompt in paying
! his rent until the 25th of June, and
vas wi ling to make due allowance for
/ any damage done to the property on
the day of Townsend's sale.
/ Mr.. Haley then spoke and said the
property had changed hands 50 much
! that he did not know to whom to pay
rent, blt afterward finding that his
crops were ruined by 200 OF 300 men
tramping over them he considered
TINT he owed no rent, and ifany money
passed hands he was the party entitled
10 it. He said that an acre and threo
quarters of corn Just planted had been
totally destroyed; three quarters of
an acre of potatoes and quarter of an
acre of cabbage shared the same fate,
and bes des his pasture was trampeled
down and damaged.
The prospective products OF corn,
potatoes and cabbage were calculated,
but nobody seemed to know how
much would have been raised or what
could Have been realized from the
crops. Haley thought the three
quarters OF an acre in potatoes should
have produced 800 bushels, which at II
| per bushel, the price potatoes are now
bringing, would have entirely wiped
out Mr.. Hare's claim of s96 for rent,
and would have brought him S204 in
debt to Haley, to say nothing of the
corn and cabbage, and the grass tram
pied down. The question rs, how
much, il any, damage Haley is en-
titled to, and whether he is entitled to
damage on crops he did not raise.
Squire Smith has postponed his de-
cision on the question until he can get
more evidence, and the case Is so COM
plicated that he would rather not de-
eide 1t al all.