Reed

Reed v. Wells

Good Law
102 Cal. App. 333·1929 Cal. App. LEXIS 72·282 P. 997
Court of Appeal of CaliforniaDecember 3, 1929Docket No. 3924.California2,457 words

Opinion

Lead Opinion

Finch, J.

The plaintiff was given judgment for damages alleged to have been caused by the defendant’s breach of the terms of a lease. The defendant has appealed.

By the terms of the lease the defendant let to the plaintiff 120 acres of land for one year, commencing December 1, 1925, at a cash rental of $20 an acre, all the lands “to be cropped entirely to cotton, except 20 acres, which may be •cropped in whole or in part to such other crops as said Reed may elect.” Wells agreed, among other things, “to dig a well near said house and another one on the S. E. corner of the S. E. quarter of the N. W. quarter, and if either of said wells fail to produce as much as 250 gallons per minute when pumped, he will sink other wells so as to have a production of at least 250 gallons per minute at each of the two points; he will also place in each of said wells a pump and engine capable of producing and delivering at least 2'50 gallons of water per minute into the reservoirs, one of which shall be located at each well and shall be not less than 100 feet square and hold at least 4 feet of water. It is understood that these pumps and engines are not to be new, but they are to be in good condition and…

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