Coats

The defendant was given judgment for costs and the plaintiff appeals.

The plaintiff leased 150 acres of land to defendant for a term of three years, commencing on the first day of December, 1918. The lease provided: “The party of the second part shall dig and construct such irrigating ditches on said premises as may he necessary properly to- irrigate the crops to be grown by him. on said premises. The party of the second part hereby covenants and agrees to and with the party of the first part that, he will occupy, till and in all respects cultivate the premises above mentioned during the term aforesaid in a farmerlike manner and according to the usual course of farming practiced in the neighborhood, and that he will plant and devote to the raising of rice or other suitable crops all of said leased premises. It is understood and agreed in this connection that if at any time during the term of this lease there shall be a shortage of water so that said party of the second part shall be unable to secure water sufficient for the growing of rice, he shall have the right to plant and grow such other -crops as he may deem best.” The lease further provided that the defendant would deliver…