Elsey v. Wagner

HURST, V.C.J.

This is a companion case to Elsey v. Shaw, No. 32160, decided Dec. 23, 1947, 200 Okla_________, 190 P. 2d 439. After that suit was instituted, Mary A. Friend was adjudged to be an incompetent, and Viola Wagner, plaintiff herein, was appointed her guardian. Viola Wagner, as such guardian, instituted this action on May 5, 1945, against the defendants, H. F. Elsey and T. A. Elsey, to cancel the lease, referred to in cause No. 32160, in favor of T. A. Elsey for nonpayment of rentals. The defendants admitted the nonpayment of the rental due November 5, 1944, but defended on the ground…