McElwee v. DeVault

On August 29, 1960, W. H. McElwee and Oral Mae McElwee entered into a written crop share farm lease as landlords with Douglas DeVault and Susan DeVault as tenants for a three-year period commencing March 1, 1961. It provided for usual crop shares plus $300 cash rent for pasture, buildings and lots and also contained the following provisions:

“I. The second party covenants to farm said premises in a good farmlike manner, and to raise the greatest amount of grain thereon, the nature of the soil and season will permit * * *.

“II. The second party covenants to care properly for all growing crops in…