Acquistapace

Plaintiff leased certain lands to defendants for a term of five years commencing on the first day of December, 1921, at a “rental for first two years of $2,-000 per year and rental for the three years following $2,-500 per year, payable semi-annually, every six months, in advance. ’ ’ Defendants went into possession under the lease and paid the first two installments of rent. They vacated the premises in August or September, 1922. This action was commenced for recovery of the third installment of rent. The plaintiff was given judgment and the defendants have appealed.

The complaint alleges the terms of the lease and is in the usual form of an action for the recovery of rent. The answer sets up a lease containing terms essentially different from those alleged in the complaint. The court found, from conflicting evidence, that the terms of the lease were as alleged in the complaint. Appellants do not contend that the evidence is insufficient to support this finding.

By the terms of the lease appellants wore to plant twelve acres of the land to alfalfa and respondent was to furnish water for the irrigation thereof “at $5 an acre each irrigation.” Appellants planted the alfalfa and…