Phillips v. Simpson

MEMORANDUM

SWINFORD, District Judge.

The relevant facts in this case are not in dispute. On April 13, 1968, Lingenfelter Investments, Inc., agreed with plaintiff and John T. Mitchell, Jr., as co-tenants, to lease portions of a farm consisting of 2,642 acres and designated “farm A-174” by the Owen County A.S. C.S. Office. By the terms of the lease, the tenants were to have exclusive control and possession of all land not devoted to commercial use, but not less than 200 acres and adequate barn space. Subsequently, Lingenfelter merged with American Pyramid Companies, Inc. and Mitchell assigned his…