Blaeholder

On May 1, 1908, plaintiff and J. E. Guthrie, defendant’s testator, entered into a written contract of lease whereby plaintiff was to take care of defendant’s ranch, and in consideration of the performance of certain covenants on plaintiff’s part, as provided in the contract, defendant was to sell the oranges and walnuts grown thereon and pay plaintiff fifty per cent of the net proceeds of such sales, it being provided that plaintiff should continue in possession of the property and care for the same, subject to the termination at the will of either party of the relations so created.

Plaintiff’s possession of the property under the terms of the contract covered the period from May 1, 1908, to May 31, 1909, when, pursuant to notice given by Guthrie requesting him so to do, he removed therefrom. At the time of his removal there was a crop of Valencia oranges, consisting of 1,077 boxes, ripe and matured, and which were picked in the month of June following his removal, and which Guthrie sold and received therefor the sum of $1,186.36. The action was brought upon the contract to recover fifty per cent of this sum. A jury trial was had, with the result that a ver diet was rendered in…