Layton v. Kirkendall

This action was originally instituted by James A. Kirkendall and Charles S. Kirkendall against James A. Layton, before a justice of the peace, to recover a balance alleged to be due on a contract for the sale or renting of certain pasture lands for pasturing cattle. From a judgment in favor of plaintiffs below an appeal was taken to the county court. The case was there tried to a jury and a verdict rendered *237against defendant for the full amount claimed. There are no written pleadings. It appears from the uncontradicted evidence that the Kirkendalls were the owners of two thirds and one M. R.…