Darnell v. Haines

The opinion of the court was delivered by

Burch, J.:

The action was one for a money judgment on an unperformed express contract to pay for services by making a will of land. The defense now material was previous election of an inconsistent remedy. Plaintiff prayed for and recovered a sum measured by value of the land, and defendant appeals.

George Earl, an unmarried man, leased without reservation eighty acres of land to R. J. Darnell, who took possession and occupied the premises with his family. Earl made his-home with the tenant,, occupying a room in the dwelling house and taking his meals…