Meek

This is an appeal by plaintiff from a judgment on demurrer sustained to plaintiff’s complaint.

As appears by the complaint, plaintiff, on the thirtieth day of November, 1903, leased of defendants, for the period of ten months next ensuing, fifty-five acres of land then planted in asparagus, which produced annual crops, and which asparagus, it is alleged, constituted, and was then known to defendants to constitute, the material and sole inducement to plaintiff to hire said land. By the terms of the lease plaintiff unconditionally promised to pay as rental the sum of $2,500, to wit, $2,250 at the execution of the lease, and $250 on April 1, 1904, and plaintiff did pay on the thirtieth day of November, 1903, said sum of $2,250. About the 1st of April, 1904, an extraordinary rise occurred in the San Joaquin river, which bounds the leased lands, whereby the flood waters thereof, without any fault of defendants or plaintiff, broke through the levee which protected said lands and inundated the same, so that the lands and asparagus beds thereon were kept covered by water to a depth of several feet during the months of April, May and June, 1904, and the whole crop of asparagus for the…