Black v. Black
Opinion
Lead Opinion
Hart, J.
This is an action in unlawful detainer. The plaintiff was, prior to and at the time of the commencement of this action, the owner of a certain tract of improved land in Sonoma County, which is described in the complaint by metes and bounds, and which has been and was, down to the time of the filing of the complaint herein, devoted to farming, horticultural, and viticultural uses and purposes. The complaint alleges that, on or about the first day of November, 1923, the plaintiff, by an oral lease made on said day, leased to the defendant the said land, together with certain farming tools and implements, for the term of one year beginning November 1, 1923, and ending October 31, 1924, upon an agreement upon the part of defendant that he would, at his own expense, prune, plow, cultivate, “and carefully tend the said farm and the orchards and crops thereon in a good and farmerlike manner for the said term, and harvest said crops and deliver the same at the place of market, and which said crops were to be sold by and in the name of the plaintiff herein, and the gross proceeds were to be equally divided between plaintiff and defendant.” It is further likewise alleged that defendant, by…