Barnes

The issues presented by the first cause of action of defendant’s amended cross-complaint and plaintiff’s answer thereto were tried before a jury pursuant to stipulation of the parties. By his cross-complaint defendant sought to recover from plaintiff damages for breach of a. certain “Land Lease and Agreement” hereinafter set forth.The trial resulted in a judgment in favor of defendant and cross-complainant for approximately $36,000, from which judgment plaintiff and cross-defendant appeals.

The instrument above referred to was executed by the parties on August 20, 1921, and reads as follows:

The premises referred to adjoined other land belonging to plaintiff and also adjoined land belonging to defendant. Under the foregoing agreement, defendant entered into possession. The land had not been cultivated for. some time and defendant proceeded “to put the land in good shape before planting the trees”, as provided. Plaintiff furnished the trees which were planted by defendant. Crops were grown upon the land each year and from time to time the parties adjusted their accounts under the provisions of the agreement relating to crops. Many difficulties were encountered. The testimony…