The lay witness cannot testify as to a specific illness, but can provide his rationally based perception of the witness if it is helpful for a clear understanding of the testimony,
but cannot be based upon scientific, technical or other specialized knowledge. Thus, the witness is permitted to give an overall impression of what was observed.
Since a life estate was left to Valentino, and prior to the grant, the land was used in exploitation of the gold, Axton most likely wanted Valentino to mine for gold.
When Joe agreed to come to Herb’s house, a bargained for exchange was agreed to. Herb was not merely giving Joe a gift, since he needed the furniture removed and Joe was required to rent a truck and travel a long distance to do so. Thus, Herb was bargaining for consideration, which was Joe’s agreement to come take the furniture out of Herb’s home.
Herb did not make a unilateral contract offer, which would require performance in order to accept. Joe did not need to completely perform the contract in order to accept.
Larceny cannot arise from taking fixtures detached from the property before it comes into possession of its owner.
However, since Franco took possession of the 250 stalks that junior made his own personal property, larceny of the those stalks was committed.
There is a limit with respect to the amount of gold that life estate holder Valentino can mine. The exploitation must be reasonable.
The Open Mines Doctrine would restrict Valentino to mining the mines that were previously open before Valentino was left the life estate. Since the doctrine is not in effect, Valentino can mine any part of the property and is not limited to open mines.
Since the land was already exploited for gold, Valentino is not restricted to mining solely to pay for repair and maintenance of the property.