Corey

The appeal is from the judgment and the order denying plaintiff’s motion for a new trial.

On October 4, 1907, plaintiff leased to defendants, for the term of five years, a large tract of farming land in the Salinas valley, by a written lease, which provided that during each year of the term not less than two hundred and fifty acres should be devoted to the growing of sugar beets. It is alleged in the complaint “that during the year 1908 the defendants planted about two hundred and seventy-eight acres of said land to sugar beets, and a large part of the crop of sugar beets raised thereon has been harvested by said defendants. That in harvesting the said crop of sugar beets the defendants caused the tops of said beets to be cut therefrom and placed upon the surface of said land. That plaintiff is the owner of said beet tops, and by the terms of said lease said beet tops were to remain upon said land; and it is necessary, to prevent impoverishment of the soil, that said beet tops remain upon said land as fertilizer. ’ ’ That under the terms of said lease a part of the rental to be paid plaintiff consists of a share of the crop of sugar beets. “That the defendants, without any…