Souza

Plaintiff brings the action to recover damages for the alleged breach by defendant of a written contract between plaintiff and defendant, dated February 1, 1910.

Plaintiff had judgment for $1,245.10, from which and from the order denying his motion for a new trial defendant appeals. ,

The contract is a lease by defendant (named as first party) to plaintiff (second party) for the term of four years from its date, of defendant’s farm of one thousand seven hundred and twenty acres of land situated in Siskiyou County, together with the livestock and other personal property particularly described in an inventory attached to the contract. In addition to the personal property covered by the inventory, first party was to procure and deliver to second party eighty milch cows “to be mutually selected by the parties.” It was also provided that “in addition to the buildings now upon said farm said first party is to have constructed thereon at ’ a suitable site and as soon as practicable a dairy building to consist of cement flooring and walls and suitable roofing, and is to convey water to same through pipes from a gravity source, and is also to construct thereon at suitable site a barn to…