Southern California Oil Syndicate of London, England v. Lompoc Produce & Real Estate Co.

This appeal is taken by the defendant from a judgment entered by the trial court granting the relief to secure which the action was brought. In November, 1914, plaintiff was the owner of certain land which had theretofore been and was at the time held by one Tashiro as tenant. Tashiro was, at the time, indebted to the owner of the land for rental which had accrued under the terms of the lease. The tenant had also had business relations with the defendant produce company, which latter had handled crops grown by him. Tashiro, being unable to make payment of the amount due to the plaintiff from his own resources, interested the defendant to the extent that, in consideration of the making of the contract hereinafter referred to, he was allowed to continue in the tenancy. The contract referred to was reduced to writing and signed by the plaintiff and the defendant, plaintiff being the first party and defendant the second party, and contained the following terms:

The crops grown during the year 1915 were harvested and received by the defendant and there was credited upon the books of the defendant the sum of $2,823.29 as the price thereof. Meanwhile the full amount of $550 and seven…