Pfitzer

Plaintiffs were given judgment, under the provisions of section 1174 of the Code of Civil Procedure, for the cancellation of their lease of certain premises to the defendant, on account of his breach of one of the covenants thereof, and for damages to the lands leased and those occasioned by the unlawful withholding thereof after the default of which complaint is made.

The defendant was in possession of the premises under a lease for the term of five years from the first day of January, 1918. A large part of the lands leased was in alfalfa. [1] By the terms of the lease the defendant agreed “to keep all stock off the alfalfa land when the same is wet.” The lease further provided: “If default shall be made in any of the covenants herein contained, that it shall be lawful for the said parties of the first part to re-enter said premises, and to remove all persons therefrom.” From evidence in which there was a substantial conflict, the court found: “That said defendant . . . has failed and refused to keep his said stock off of said alfalfa land when the same was wet; that said defendant suffered and allowed his stock, consisting of dairy cattle in large numbers, to run upon the land…