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Anthony Reybold v. Barney Reybold, et al.

Delaware Superior Court1881
6 Houst. 42011 Del. 420

Authorities cited

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Opinion

majority opinion

The Court, Comegys, C. J.,

charged the jury, That as to the butter made and prepared for market in the dairy on the farm by the lessee, and estimated by the witnesses at an average cost of six cents per pound, and claimed to be deducted from the market price or value of it and retained by him, the tenant, therefore, could not be allowed to him by the jury under a proper construction of the terms and meaning of the lease in regard to that matter, but any expense necessarily incurred by him in transporting the butter to market and disposing of it there should be allowed him.