Ibbetson

Appeal by defendant from an order appointing a receiver.

The complaint alleges that on December 6, 1906, plaintiffs leased to defendant certain premises described for the period of five years from November 1, 1906, for a rental of $9,000, payable $450 May 1, 1907, $900 August 1, 1907, and the remainder in quarterly installments of $450 each. That by the terms of the lease defendant was to plant the whole of said premises in certain annual crops and to irrigate and cultivate the same; that if he should fail to so plant or irrigate such crops plaintiffs were entitled to give him five days’ notice so to do. It was further provided that no part of the crops should be sold without plaintiffs’ written consent. It is further averred that defendant made default in planting and irrigating certain portions of the premises, and in the payment of the first installment of rent; and, in addition, sold about $800 worth of growing crops without plaintiffs’ consent. That plaintiffs have given the five days’ notice specified because of the failure to plant and irrigate. That the growing crops now on a part of said premises require attention; that irrigation and cultivation is necessary; that…