Singh

Singh v. C. H. & O. B. Fuller Co.

Good Law
1919 Cal. App. LEXIS 257·39 Cal. App. 613·179 P. 710
Court of Appeal of CaliforniaFebruary 5, 1919Civ. No. 2534.California1,389 words

Opinion

lead Opinion

Shaw, J.

This is an appeal by defendant upon the judgment-roll from a judgment in favor of plaintiffs.

By a written lease to terminate January 1, 1917, made a part of the complaint, defendant demised to plaintiffs 320 acres of land in Imperial County for the purpose of growing a crop of corn thereon, the lessor, as' rent, reserving one-fourth of the corn, to be piled on the land at a place designated by it, and one-fourth of the cornstalk pasture. The lease contained a provision as follows: “It is further agreed and understood by the parties hereto, that the party of the first part [defendant] shall have the right to purchase the second parties’ [plaintiffs] three-fourths of the stock pasture at the market price for cornstalk pasture in Imperial Valley at the time the cornstalks are ready for pasture.”

The complaint, in substance, alleged that when said 320 acres of cornstalks was ready for pasture, defendant, in response to plaintiffs’ inquiry, informed them that it elected to exercise its option to purchase said three-fourths interest in said pasture at the current market price; that at a time more than one month prior to 'the expiration of said lease plaintiffs had an opportunity of…

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