McCready

Defendant has appealed from a judgment allowing a recovery to the. plaintiff of the sum of $5,977 as damages.

On the second day of October, 1917, defendant, being the owner of a certain seventy acres of land in Los Angeles County, entered into a written contract of lease whereby he let the same to the plaintiff for a period of three years. As rental therefor plaintiff was to pay the sum of $1,200 for the first year and, as is stated in the lease, “for the remaining two years the sum of $1,500.” By a term of the lease it was required that the lessor should sink an artesian well on the property “of at least twelve inches’ diameter from which water may be pumped by the lessee should said well not flow. The said well to be sunk in the spring of 1918 in ample time for the requirements of the lessee, and to be located as agreed upon by the parties hereto. Lessor also agrees to equip said well with a good and sufficient electric motor or gasoline engine and water pump.” It appeared in evidence that the land was of agricultural nature and that, except for a small portion thereof, crops could not be raised without irrigation. At the time of the making of the lease there was an old well,…