Johnson v. Moxley

This is an action against W. A. Johnson and B. M. Kendrick, jointly, for money due for the use and occupation of a tract of land known as the Simmons place, and also, on the common counts, for money due by account, by account stated, and for money had and received to plaintiff’s use.

The material facts stated in the opinion of the Court of Appeals are as follows :

Sarah Simmons, the owner of a farm, leased it by a contract in writing to D. C. Roach for a term of 5 years, beginning January 1, 1916, at an annual rental of $212.50. On February 16, 1916, Roach transferred this lease to the…