Costello

The complaint alleges that the plaintiff leased certain lands to defendants for the term of five years from the first day of October, 1919; that defendants went into possession under the lease; that on the seventeenth day of August, 1923, they “abandoned the said premises and informed the plaintiff that they . . . would no longer be bound by any of the terms of the said lease”; that the plaintiff, since such abandonment, has diligently endeavored to procure a tenant for the premises, but has been unable to do so; and that by reason of said abandonment he has been damaged in the sum of $4,225.

For a second cause of action it is alleged that the defendants “failed to keep all of the alfalfa on said premises in first-class condition; that they failed to seed and reseed, tend, and irrigate the said alfalfa in accordance with the most approved methods of farming as they had in said lease covenanted to do, but allowed the said alfalfa on said premises to decay and become of little or no value thereby diminishing or reducing the value of the said lands in the sum of two hundred dollars per acre.” The. complaint alleges other breaches of the lease by the defendants, but the court found…