Higginbotham Cattle Co. v. Whaley & Lewis

R. W. Higginbotham and J. M. Higgin-botham, doing business as the Higginbotham Cattle Company, brought this suit in the district court of Lubbock county against J. C. Whaley and W. T. Lewis, to recover rents alleged to be due upon a written contract for the lease of certain lands situated in New Mexico. At the conclusion of the evidence the trial court instructed the jury to return a verdict in favor of the defendants Whaley & Lewis, against the plaintiff, and in favor of E. G. Rail as against the defendants, which was done. Higginbotham Cattle Company appealed to the Court of Civil Appeals…