Cappuccio

This is an action by which a tenant seeks to recover damages for eviction by the landlord. The facts are as follows:

May 1, 1925, the plaintiff herein entered into a lease for an orange and lemon grove consisting of 28 acres, approximately one-half oranges and one-half lemons. The term of said lease was five years; the rental provided for in said lease was one-half of the crop; the tenant agreed to cultivate, irrigate, prune, etc., the trees in said grove and to pick the crop and deliver to the landlord his portion of the fruit on the premises or at the railroad station or at a packing-house, at the option of the landlord. The defendant purchased said grove some time in April, 1926, with knowledge of said lease; that at some time during his negotiations for said premises he told the plaintiff that when he secured title to the said property he was going to take possession of the premises; that plaintiff had already ruined the grove and that he would have nothing more to do with him. On May 6, 1926, after having secured title to said premises he, defendant, actually entered upon said premises and took possession thereof, claiming to have done so under a provision in said lease…