Meer

This action is by the plaintiff to recover damages in the sum of $2,500 alleged to have been suffered by him from the alleged breach by the defendants of a certain instrument in writing whereby the plaintiff let or leased certain premises for and during the crop season of the year 1919 to defendants.

The cause was tried by the court, sitting without a jury, and judgment for damages in the sum of $2,310 was awarded plaintiff.

The defendants appeal from said judgment under the alternative method.

By the said instrument the plaintiff leased to the defendants certain land embraced within, what is known as the Watt’s Nicolaus Acres, Sutter County, and consisting of 98.98 acres for the cropping season of the year 1919. The portions of the writing which are particularly pertinent to the inquiry here read as follows:

The complaint alleges:

To the complaint the defendants interposed on the general ground a demurrer, which was overruled.

Answering the complaint, the defendants deny that they were at the date of the commencement of this action or at any time before ór since have been in the possession of the lands and premises “in said complaint referred to or any part or portion…