Donnellan

Action for rent of farming land under the terms of a written lease made by plaintiff to defendant. The land leased (about five hundred and thirty-one acres) was situated in Reclamation District No. 673, in the county of Sacramento; the lease was entered into October 29, 1902, and was for the term of five years, commencing January 1, 1903; the rental was $10 per acre, and was to be paid in equal semiannual installments on April 1st and September 1st during the term. The lease contained, among other provisions, the following: “5. It is further understood and agreed that if, by reason of flood or imperfect reclamation any part of the leased premises shall be submerged or overflowed to such an extent as to render it impossible to cultivate the same prior to the month of June in any year during the term of this lease, the party of the second part shall not be obliged to pay rental for the part or parts that may become submerged or overflowed. 6. It is further agreed that the party of the second part may, at its option, cancel this lease by giving notice in writing to the party of the first part, or her duly accredited agent, at any time during the term of this lease, should the…