Ahern

Action for damages for breach of contract in relation to real property.

A demurrer to the amended complaint was sustained, and upon refusal of plaintiffs to further amend the action was dismissed. This is an appeal from such judgment-

It appears from the amended complaint that on November 16, 1920, the defendant leased to plaintiffs a certain tract of land in Sutter County containing some 136 acres, more or less, for the cropping seasons of 1921, 1922 and 1923. Plaintiffs, in accordance with the terms of the lease and at the time of the execution thereof, paid to the defendant the sum of $6,000 in advance as rental. Previous to this transaction the lessor, Ahern, had borrowed from one Huston the sum of $2,800, and as security for the payment thereof had conveyed to Huston by deed of trust the tract of land in question. This loan matured on January 1, 1921, and not having been paid the land was sold to Huston on May 1, 1921, under the trust deed, and title vested in him. Shortly thereafter on May 7, 1921, the defendant Ahern notified plaintiffs that Huston was the lawful owner of the land and that the continuance of the lease depended upon his consent. On May 14, 1921, plaintiffs…