Miller v. Simmons

Plaintiff and defendant’s intestate entered into a written lease whereby defendant’s intestate leased from plaintiff certain lands, for a period of 10 years, at a stipulated rental of $35 per month, and there was evidence tending to prove that defendant’s intestate went into possession and occupied the premises under the terms of said lease. These facts, when proven, fix a liability upon defendant’s intestate to pay certain sums of money at certain deferred dates. In a suit for the unpaid rent under such a contract, the plaintiff must allege that the amount is due and unpaid; the plaintiff is…