Cady v. Slingerland

Francis L. Cady and Marguerite M. Cady, husband and wife, sued Henry F. Slingerland asking that a lease agreement between plaintiffs as lessees and Slingerland as lessor be rescinded and the parties returned to the status they were in prior to the agreement. Slingerland, in a counterclaim, alleged delinquent rental payments (as of October 16, 1971) in the amount of $88,023.42 and demanded immediate possession of all his cattle, machinery, buildings and lands. The district court found generally in favor of Slingerland and its judgment Page 1148 provided that Slingerland recover from Cadys the sum of $80,806.92 as past rental payments, together with possession of livestock, machinery, land and buildings owned by Slingerland, and further that Slingerland have a lien on the remaining livestock owned by Cadys. The Cadys have appealed; and the grounds of appeal asserted by them are these: