Trover, for hay. Pacts found by a referee. Early in 1890, the plaintiff and one Halley, who owned a farm in Exeter, had negotiations with reference to a lease of the farm to the plaintiff for the term of five years. Haley agreed to give a lease for that term for $150 a year and allow the plaintiff to sell some of the hay raised on the farm, provided it was done so as not to injure the farm; meaning if any hay was sold, manures or other fertilizers should be bought and used.
¶2
As tenant at will, the plaintiff was bound to carry on the farm in a husband-like manner. Whether he did so is a question, not of law, but of fact
(Pickering v. Moore,
67 N. H. 533); and having been found in his favor by the referee, it may properly be regarded as equivalent to a finding that good husbandry did not require him to spend on the farm that portion of the hay now in controversy.
Noyes
v.
Patrick,
58 N. H. 618, 619;
Whittredge
v.
Edmunds,
63 N. H. 248, 249. Hiving this effect to the finding, the defendant can have no cause of complaint as to the basis on which the damages were assessed by the referee; and if the plaintiff' has any, ho has failed to make it known.
