Fowler

On or about October 31, 1918, the defendant corporation executed a five-year lease to the plaintiff and appellant Charles D. Fowler of certain farm lands in Kern County, all of which the latter agreed to plant to wheat, milo maize, -beans, rice, or other crops, and to keep the same sufficiently irrigated whenever water should be available therefor. It was also provided in said lease that, “whereas, the land described in this lease is entitled to water for irrigation from the canal system of the Buena Vista Lake Association, and through canals and ditches heretofore constructed to and across said land and owned and controlled by Miller & Lux (a corporation) and Carmel Cattle Company (a corporation), now therefore it is a condition of this lease that said lessee is to receive the water for irrigation of the land described in this lease, to which said land is entitled, without cost to said lessee, other than the upkeep of the canal and ditch system on said land.” It was alleged in the complaint that the plaintiff Fowler, with the defendant’s consent, assigned a one-half interest in the lease to plaintiff Arant, and that the plaintiffs thereafter planted about 210 acres of said lands…