Appeal from Atchison Circuit Court.

This action was brought by Hall against Huffman' to recover damages for the non-performance of covenants or agreements on the part of Huffman, contained in a lease of ground made by said Hall to Huffman.

The petition charges that Hall, on the 1st day of March, 1859, rented to Huffman, by a written agreement, seventy-five acres of land (which is described), for the term of one year from the 1st of March, 1859, for the yearly rent of one third of the corn, and one third of the oats, and one half of the wheat raised by Huffman on the premises, to be paid and delivered at Hall’s crib in due time, which said rent Huffman agreed to pay, and also to cultivate said crop in a husband-like manner ; that Huffman entered upon and cultivated said land, planting fifty acres thereof in corn ; that Hall duly performed all of the conditions of said lease on his part, but that Huffman had failed on his part, in this: that he failed and refused to deliver to Hall one third part of the corn raised, and that he had failed to cultivate said corn in a husbandlike manner, so much so that said fifty acres of land planted in corn only produced twenty-five hundred bushels of corn and no more, when, if the same had been properly cultivated, it would have produced thirty-seven hundred and fifty bushels; that the part of the corn actually raised on said land, which was coming to Hall by said contract, or lease, was eight hundred and thirty-three bushels, which was worth twenty-five cents per bushel; wherefore he charges that he has been damaged, &c., and that he has also sustained a loss by reason of the improper miltivation of said com; whereby he charges that he was damaged in the further sum, <fcc.

The defendant in his answer admitted the execution of the lease and renting of the land, but denied that the plaintiff had performed the agreement on his part, and, traversing the allegations of the petition, denied that he failed to cultivate the land in a good, husbandlike manner; denied that the said fifty acres of land planted in corn produced only twenty-five hundred bushels of corn, <fcc.

The cause was tried by a jury, and upon the trial the court, notwithstanding the objections thereto, permitted the defendant to prove by witnesses that the written lease or agreement sued on did not bear date on the day that it was written, but that it was written at a later date than it purported to have been on its face. The plaintiff excepted. The court also permitted witnesses on the part of the defendant to prove that the ground rented was in bad condition at the time it was rented; and also that defendant did not move upon the rented premises until May, 1859, to all of which the plaintiff at the time objected. Evidence was given on each side tending to prove the amount of corn raised on the land cultivated in corn, and the quantity delivered to plaintiff; and also the manner in which the corn had been cultivated.

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