Cowell

Plaintiffs appeal from a judgment in favor of defendants entered against them for the principal sum of $1,673.30, and from an order denying their motion for a new trial.

In the year 1904 defendants leased from plaintiffs certain land situated at Tehachapi, in Kern county, for the term of one year, ending on the first day of December, 1905. The yearly rental stipulated to be paid therefor was the sum of $300. The lease was in writing, and further provided that the land was rented, for farming purposes, but that the defendants were to have the right to quarry lime rock on said lands for the purpose of manufacturing lime therefrom, for which privilege they were to pay an additional sum of five cents per barrel for all lime so manufactured from said rock. Defendants entered into possession of the land and manufactured lime from the rock taken therefrom up to the first day of December, 1907. Upon the expiration of the term during which the lease provided the defendants should hold and use the land, plaintiffs notified defendants that if they continued thereon thereafter, and continued to quarry lime rock from the land and manufacture lime, that the annual rental would be the sum of…