Dallas Joint Stock Land Bank of Dallas v. Britton

Mr. Judge German

delivered the opinion of the Commission of Appeals, Section A.

It is advisable to set out first the factual background of this suit.

During the year 1932, one Gross was appointed by the District Court of Nueces County receiver for certain lands in McLennan County belonging to the Porterfield estate. Said receiver through an agent rented to Walter Britton for the year 1934 a part of said Porterfield lands, and the rental con tract, among other things, contained a provision that Britton was to pay as rental one fourth of the cotton raised upon the land rented to him. It is…