Emde v. Johnson

This suit was instituted originally by F. W. Emde and wife against B. J. Johnson et al., for the purpose of canceling a lease contract entered into by and between plaintiffs and defendants, and upon the death of F. W. Emde it was further prosecuted by Mrs. Emde individually and in her capacity as survivor of the community estate. Plaintiff below alleged a number of grounds for cancellation of the lease, but only two are seriously urged in this court. Appellant insists that the lease is null and void for uni-lateralness and lack of mutuality, and further contends that the lessees forfeited any…