Jenkins v. Williams

*172Dissenting Opinion by

Judge Clay.

I find myself unable to concur in the majority opinion because, in my judgment, it does not give proper effect to the well established rule that payment to one of two joint obligees discharges the obligation. The facts are these: James T. Gibson was the owner of the land, and Elizabeth Gibson was his wife, The lease was executed by them as “parties of the first part,” and the rentals were payable to the “parties of the first part.” The lease contained a.forfeiture clause in case the lessees failed to develop or to pay rent. No well was drilled on the premises…