Main v. Hopkins

LUMPKIN, Justice.

The appellee, T. H. Hopkins, filed this suit for damages against the appellant, R. E. Main, as a result of an anticipatory breach of an alleged rent contract to a 400-acre farm in Hardeman County, Texas.

On April 26, 1946, according to the ap-pellee’s pleadings, the -appellant by an oral contract rented the farm to the appellee for the crop year 1947 — 1948. The alleged oral contract stipulated that the appellee would reside -on the farm and would plant all the land in wheat. As rent, the -appellant would receive at the elevator one-third of the wheat free of cost to him. The…