Upton v. Toth

This is an action for damages for eviction. The Rugby Land Company, a corporation, owned the farm lands in question. In 1933, this land was leased by a written lease to Ora Upton. An assignment of this lease to respondent Henry Upton, although disputed, is claimed. ■ By the terms of the lease it expired November 15, 1937, but it contained a provision for termination in the event of a sale. The Rugby Land Company sold the land to Joe Toth and Charlie Toth, appellants, for $5,000 cash in May, 1937. They went into possession, and planted a crop of barley, which was matured in May, 1938, at the…