Stewart

The two cases above named were heard in the trial court together upon the same testimony which has been presented to this court upon one transcript and, therefore, will be heard and determined as one cause of action.

The actions are for damages for the destruction of crops. Plaintiffs had judgment and the defendant appeals.

On the fourteenth day of June, 1917, the defendant 'being the owner of a tract of land embracing several hundred acres situated on Ryer Island, in the county of Solano, state of California, made and entered into an indenture of lease with the plaintiffs whereby said lands and premises were demised and let to the plaintiffs for a term of twelve years upon a rental aggregating approximately $250,000.

This indenture of lease, among other provisions, contains the fallowing paragraphs constituting the basis of this action, the meaning of which is held to be different by the respective parties and calling for construction by this court. The first of said paragraphs appears in said indenture of lease in typewritten form and is as follows: “Said first party agrees to do everything reasonably necessary to keep the water level in the district ditches bordering on and…