Kloster

This is an appeal by the plaintiff from a judgment in the defendant’s favor for the sum of $340 and costs upon his answer and cross-complaint.

The record discloses the following facts: During the years from 1913 to 1915, inclusive, the plaintiff and defendant stood in the relation of landlord and tenant with respect to a certain tract of land in Fresno County, which the defendant was to work on shares under a cropping lease. During the close of the -latter year the plaintiff commenced an action in unlawful detainer for the ouster of the defendant from the land. The defendant apparently appeared and answered in that action, and issues being thus made up, the cause was ready for trial. In the meantime the plaintiff commenced the present action against the defendant for the recovery of money alleged to have been received by the latter for the plaintiff’s use and benefit, from the sale of certain crops raised upon the land. The defendant appeared in that action with an answer and cross-complaint for money expended in plowing and checking the land in question upon an oral agreement with the defendant providing for the extent and compensation of such work. Plaintiff answered said…