Morgan
Morgan v. Green
Opinion
Lead Opinion
Nourse, J.
Plaintiffs sued for damages for breach of contract. The cause was tried before a jury, resulting in a verdict of seven thousand dollars' ($7,000) in favor of the plaintiffs, and from the judgment following the verdict the defendant has appealed upon a typewritten record.
The complaint alleged that on April 22, 1924, the plaintiffs and defendant executed a written lease covering 120 acres of land owned by the defendant. It was recited in the lease that the lessees having plowed and cultivated the land agreed to plant the same to cotton and to irrigate, cultivate, chop, and care for said cotton to maturity and to keep the said land free and clear of weeds and grass; that the lessees “shall have the use of the buildings, corrals and pumping plant now being installed” throughout the season and shall furnish all tools and implements and pay all expenses in connection with the planting and bringing to maturity of the cotton, and that “the lessor shall pay for the cotton seed to plant said land and shall pay all charges for power to operate said pumping plant”; that the cotton produced, together with the cotton-seed, shall be divided equally between the lessor and the lessees, “which…