McVitty

This is an appeal from a judgment in the defendant’s favor after motion for nonsuit granted.

The action was for unlawful detainer. The defendant was in possession of the premises in question under a lease for the term of three years commencing November 1, 1915, at an annual cash rental of $110, payable yearly in advance. The plaintiff is the successor in interest of one Otto L. Harden, the lessor of the premises, having purchased the same from him, the conveyance thereof being delivered to said plaintiff on January 22, 1917. The 'lease under which the defendant claims the right to hold possession for the remainder of its term contains the following provision: “If said land is sold before expiration of said lease the party of the second part to be paid for all summer-fallow at the going price per acre, providing purchaser wants possession immediately.” The formal demand for possession on the part of plaintiff as grantee of the lessor was not made until April 6, 1917, and was then refused by the lessee, whereupon this action was begun.

Upon the trial it appeared by the pleadings and admissions of the parties that the land had not been summer-fallowed for the previous year. The…