Sherwin

This is an action in unlawful detainer to recover possession of certain real property leased by plaintiffs to defendants for a term of years. The written instrument of lease contained covenants by the lessees that they would not commit any waste on the premises and that they would not, without the written consent of the lessor, sublet the leased premises or any part thereof. At the conclusion of the trial the court ordered that the lease be forfeited and canceled and that the plaintiff, respondent herein, be restored to possession of the premises. From this judgment defendants have appealed.

Appellants object to certain findings of the trial court wherein the court found that appellants had violated certain covenants contained in the lease agreement, particularly the covenant not to sublet the leased premises without the written consent of respondent.

During the trial of the action a certain instrument executed by appellant S. K. Bogosian and F. B. Cotton on December 27, 1928, was admitted in evidence. It is the contention of appellants that this instrument amounted to no more than- what is generally denominated a cropping contract, under the provisions of which F. B. Cotton…