Higginbotham Cattle Co. v. Whaley & Lewis

R. W. and J. M. Higginbotham sued J. C. Whaley and W. T. Lewis to recover the rents alleged to be due upon a contract for the lease of certain lands in New Mexico, dated October 31, 1925. A copy of the lease is attached to the petition and provides for a rental of $1,-250 per year, payable annually in advance on the 31st day of October, of each year,'and they allege that the installments due October 31,1927, and 1928, are unpaid, for which they claim damages in the sum of $5,000 for the balance of the term of the lease.

Whaley & Lewis answered, excepting to the petition because it sought to…