Cox

On November 27,1929, Frank Cox, the respondent here, leased to L. F. Miller approximately 300 acres of land for the ensuing crop year. In this lease Miller covenanted to pay to respondent as rent, the sum of $7,500, to be paid in two instalments, $4,500 on the execution of the lease, which was paid in due course) and $3,000 on or before September 1, 1930. It was also agreed in the lease that Miller should pay all tolls of water used by him on the leased premises, and reasonable attorneys’ fees in the event of a suit.

Appended to this lease, and as a part thereof, was a written instrument executed by the Hershel California Fruit Products Co., the appellant here, guaranteeing the payment of all moneys agreed to be paid under the lease. There was an agreement between Miller and appellant, not involved here, concerning the growing and marketing of the tomato crop to be grown on the leased premises. In the forepart of August, 1930, appellant having become dissatisfied with the crop prospects, decided to take its loss and retire from the deal. However, after discussing the matter with respondent, the following written agreement was entered into and signed by appellant and…