Legal Opinion

Johnson v. Phelps

Texas Commission of Appeals

Decided November 5, 1919No. 96-2922PublishedCited by 3 opinions

Error to Court of Civil Appeals of Sixth Supreme Judicial District. Suit by Isom Johnson against W. P. Phelps. There was a judgment of the Court of Civil Appeals (181 S. W. 862), reversing a judgment in favor of plaintiff, and plaintiff brings error.

1Opinion of the CourtTaylor, J.

Isom Johnson, plaintiff in error, sued W. P. Phelps, defendant in error, to recover the reasonable rental value for the year 1913 of 165 acres of land.

Defendant in error was at the time the suit was filed in possession of the land under a five-year written lease contract, executed in 1908 by himself as lessee and the then owners of the land as lessors, for the years 1909 to 1913, inclusive. The contract provided for the payment of a yearly rental of $350, and for termination of the lease on December 31, 1913, unless sooner .terminated by the sale of the land.

Negotiations for the sale of the…

2Cases cited1 opinion

  1. Phelps v. JohnsonCourt of Appeals of Texas · 1915

3Cited by3 opinions

  1. Frankfurt Finance Co. v. TreadawayCourt of Appeals of Texas · 1942
  2. County of McLennan v. ShinaultCourt of Appeals of Texas · 1957
  3. Travelers Ins. Co. v. GibsonCourt of Appeals of Texas · 1937

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